IBC, insolvency

court, order, legal, supreme court, amendment, laws

Insolvency and Bankruptcy Code: Cleaning the books

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Ajay Tyagi

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	Insolvency and Bankruptcy Code (IBC) 2016 was implemented through an act of Parliament. It got Presidential assent in May 2016.</div>
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	Centre introduced the IBC in 2016 to resolve claims involving insolvent companies.</div>
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	The bankruptcy code is a one stop solution for resolving insolvencies, which previously was a long process that did not offer an economically viable arrangement. The code aims to protect the interests of small investors and make the process of doing business less cumbersome. The IBC has 255 sections and 11 Schedules.</div>
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	IBC was intended to tackle the bad loan problems that were affecting the banking system.</div>
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	The IBC process has changed the debtor-creditor relationship. A number of major cases have been resolved in two years, while some others are in advanced stages of resolution.</div>
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	&nbsp;</div>
<div>
	It provides for a time-bound process to resolve insolvency. When a default in repayment occurs, creditors gain control over debtor&rsquo;s assets and must take decisions to resolve insolvency. Under IBC, debtor and creditor both can start &#39;recovery&#39; proceedings against each other.</div>
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	&nbsp;</div>
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	Companies have to complete the entire insolvency exercise within 180 days under IBC. The deadline may be extended if the creditors do not raise objections on the extension. For smaller companies, including startups with an annual turnover of Rs 1 crore, the whole exercise of insolvency must be completed in 90 days and the deadline can be extended by 45 days. If debt resolution doesn&#39;t happen the company goes for liquidation.</div>
<div>
	&nbsp;</div>

<div>
	IBC was intended to tackle the bad loan problems that were affecting the banking system.</div>
<div>
	&nbsp;</div>
<div>
	The IBC process has changed the debtor-creditor relationship. A number of major cases have been resolved in two years, while some others are in advanced stages of resolution.</div>
<div>
	&nbsp;</div>
<div>
	It provides for a time-bound process to resolve insolvency. When a default in repayment occurs, creditors gain control over debtor&rsquo;s assets and must take decisions to resolve insolvency. Under IBC, debtor and creditor both can start &#39;recovery&#39; proceedings against each other.</div>
<div>
	&nbsp;</div>
<div>
	Companies have to complete the entire insolvency exercise within 180 days under IBC. The deadline may be extended if the creditors do not raise objections on the extension. For smaller companies, including startups with an annual turnover of Rs 1 crore, the whole exercise of insolvency must be completed in 90 days and the deadline can be extended by 45 days. If debt resolution doesn&#39;t happen the company goes for liquidation.</div>
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	&nbsp;</div>

Learn what is IBC, IBC definition, IBC news and more here at Business Standard.

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