IBBI had invited comments from the stakeholders to suggest if parts of stressed assets could be sold off instead of as a whole
In a move that will provide better market-linked solutions for stressed companies, watchdog IBBI has amended its regulations to allow sale of one or more assets of an entity undergoing insolvency resolution process, besides other changes. Also, the Committee of Creditors (CoC) can now examine whether a compromise or an arrangement can be explored for a corporate debtor during the liquidation period. The Insolvency and Bankruptcy Board of India (IBBI) has amended the regulations with the "objective to maximise value in resolution" and they came into effect from September 16. As many as 1,703 Corporate Insolvency Resolution Processes (CIRPs) ended up in liquidation till the end of June this year. The regulator has permitted a resolution professional and the CoC to look for sale of one or more assets of the corporate debtor concerned in cases where there are no resolution plans for the whole business. The Insolvency and Bankruptcy Code (IBC) provides for a market-linked and time-boun
The Insolvency and Bankruptcy Board of India (IBBI) is taking steps to address various issues and concerns related to insolvency resolution process, an official said on Friday. IBBI is a key institution in implementing in the Insolvency and Bankruptcy Code (IBC). Sandip Garg, Executive Director at IBBI, said the Code has kept pace with the emerging market requirements and will remain pertinent for all times to come. He was speaking at a conference organised by industry body Assocham. IBBI is deliberating on several concerns of IBC and Corporate Insolvency Resolution Process (CIRP), and is taking steps to address them, Garg said. "The Code envisages resolution of the firm as a going concern, as closure of the firm destroys organisational capital. It facilitates continued operation of the firm as a going concern by moratorium on institution or continuation of suits or proceedings against the firm during the resolution period. "It enables raising interim finances which has super pri
The new rules have also paved the way to allow lenders to pay resolution professionals based on how soon a resolution plan is finalised
Haircuts are defined as the losses incurred by the creditors (banks in this case) on resolving the bad debts or stressed assets
The Insolvency & Bankruptcy Board of India (IBBI) on Wednesday said it will issue some more regulations after getting elaborate feedback from the public in the form of discussion papers floated recently. The new set of regulations will aim at further streamlining the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC). It will also target to reduce delay and improve the resolution value, IBBI chairperson Ravi Mital said. "We will issue the regulations by the end of this month," Mital said while addressing a CII virtual meeting on IBC. Responding to issues raised in the discussion papers and pointed out by CII Co-Chairman (ER), economic affairs, corporate finance & Taxation sub-committee, Bijay Murmuria, he said that the new norms will attempt to address many concerns of banks. The new regulations will be on changes in timelines for activities under CIRP, guiding factors for the Committee of Creditors (CoC ) to decide on early ...
Proposals call for marketing strategy where total claims exceed Rs 100 cr; creditors can also propose steps to market stressed assets
A source privy to IBBI's discussion said mediation might address the issue of courts delaying the insolvency process.
Independent and continued evaluation of statutory regulatory agencies is necessary and important for feedback to regulators and Parliament
As investors and the bond market brace for a sharp hike in policy rate by central banks to fight inflation, the yield curve has inverted in the US
The amendment also provides for filing copy of GST returns by operational creditors, along with e-way bills as documentary evidence of the debt and default
The mechanism of complaint or grievance redressal and subsequent enforcement action has been amended to have expeditious redressal and also to avoid placing undue burden on the service providers.
According to the statistics by the Insolvency and Bankruptcy Board of India, since the provisions of IBC came into force in December 2016, as many as 5,258 insolvency cases have been filed by lenders
Delay in lenders seeking CIRP hitting recoveries
The directive comes after observing gaps in the current IBC regime that deals with statutory claims
The CBIC said it has nominated a nodal officer to ensure filing of claims with the Insolvency and Bankruptcy Board of India (IBBI) within 90 days of the commencement of the process
It was 39.3 per cent as of March 2021, and as high as 46 per cent till March 2020, according to the Insolvency and Bankruptcy Board of India (IBBI) data
According to an official release, it has been noticed that there has been a substantial delay in the completion of voluntary liquidation process
The Insolvency and Bankruptcy Board of India (IBBI) has amended regulations pertaining to voluntary liquidation process as part of efforts to streamline the process. Anoop Rawat, Partner (insolvency & bankruptcy) at Shardul Amarchand Mangaldas & Co, said the amendment seeks to streamline the voluntary liquidation process by reducing the timelines and imposing greater responsibilities on liquidator. "The requirement of new form H relieves some burden off the adjudicating authorities, with relevant data and satisfaction of compliance checks being available to it in a structured tabular format. "This shall aid in further enhancing the freedom of exit for the investors in line with India's ambitious goals of providing ease of doing business to investors during all the phases of the life-cycle of businesses," Rawat said. IBBI, a key institution in implementing the Insolvency and Bankruptcy Code (IBC), has notified the changes in the voluntary liquidation process regulations.
The Bankruptcy Law Reforms Committee had spent considerable time on the timelines to be prescribed for various steps under the insolvency/bankruptcy proceedings