Insolvency and Bankruptcy Board invites comments on draft IBBI Regulations

The Insolvency and Bankruptcy Board of India (IBBI) on Thursday invited comments on draft IBBI Mechanism for Issuing Regulations on its website by March 31 2018.

"Public consultation enables collective choice and hence plays an important role in evolution of regulatory framework. The participation of the public, particularly the stakeholders and the regulated, in the regulatory process ensures that the regulations are informed by the legitimate needs of those interested in and affected by regulations," the IBBI said in a statement.

The Insolvency and Bankruptcy Code, 2016 (Code) is a modern economic legislation.

Section 240 of the Code empowers the Insolvency and Bankruptcy Board of India (IBBI) to make regulations subject to the conditions that the regulations:

- carry out the provisions of the Code

- are consistent with the Code and the rules made thereunder

- are made by a notification published in the official gazette

- are laid, as soon as possible, before each House of Parliament for 30 days

The IBBI has evolved a transparent and consultative process to make regulations. It has been endeavour of the IBBI to effectively engage stakeholders in the regulation making process. The process generally starts with a working group making draft regulations. The IBBI puts these draft regulations out in public domain seeking comments thereon.

It holds a few round tables to discuss draft regulations with the stakeholders and takes advice of its advisory committee.

The process culminates with the governing board of the IBBI finalising regulations and the IBBI notifies them.

This process endeavours to factor in ground reality, secures ownership of regulations, imparts democratic legitimacy and makes regulations robust and precise, relevant to the time and for the purpose.

In sync with this philosophy and the statutory requirement, the IBBI proposes to make regulations to govern the process of making regulations and consulting the public.