Govt's aid measures for MSMEs - TReDS, Rs 9000 Crore infusion (See 'Corp Brief') Indian media & entertainment sector to maintain growth despite AI disruption: Secy (See 'Corp Brief') PBPT - Transactions are rightly deemed benami u/s 2(9)(D) of PBPTA, where person who provided consideration for properties was not traceable: SAFEMA Tribunal (See 'Legal Desk') Sustainable coal mining - Govt simplifies approval for geological exploration & reports (See 'Corp Brief') Benami - Benami transaction is considered not only in case of transfer of property by beneficial owner for his ultimate benefit in future, but even if such properties is held by benamidar: SAFEMA (See 'Legal Desk') IITF-2025 - FCI Pavilion showcasing modernised foodgrain management bags bronze medal (See 'Corp Brief') Copyright Act - Police have jurisdiction to register FIR u/s 33EEC of the Drugs and Cosmetics Act in conjunction with cognizable offence under Copyright Act; registration of copyright not mandatory for criminal proceedings upon infringement: HC (See 'Legal Desk') VO Chidambarnar port receives first Clinker vessel following MoU with Ambuja Cement Ltd (See 'Corp Brief') PMLA - Sweep of Sec 5(1) is not limited to accused named in criminal activity relating to scheduled offence, but shall apply equally to person who is involved in any activity connected with proceeds of crime: SAFEMA (See 'Legal Desk') Govt approves 'Tex-RAMPS' Scheme to strengthen Research & Innovation in Textiles Sector (See 'Corp Brief') Gorakhpur-Pilibhit Express extended up to Izzatnagar (See 'Corp Brief') 'Mission Mausam' timelines to be expedited (See 'Corp Brief') IWAI signs MoUs worth Rs 6,000 Crores Inland Waterways Expansion on Ganga (See 'Corp Brief') Capital Market - Exemption granted from making open offer in respect of proposed acquisition shall remain valid for period of one year: SEBI (See 'Legal Desk') Union Minister chairs High-Level Review Meeting on Greening Strategy for Delhi NCR (See 'Corp Brief') NTTM introduces scientific model for dignified recycling of National Flags (See 'Corp Brief') UIDAI deactivates over 2 Crore Aadhaar numbers of deceased individuals (See 'Corp Brief') Company law - If company commits any default to submit, file, register or record any document, before expiry of period specified with additional fee, company and its officers who are in default, shall be liable for penalty or punishment: HC (See 'Legal Desk') Sitharaman chairs review meeting with Regional Directorates and Registrar of Companies (See 'Corp Brief') India-Slovenia Joint Committee on Trade reviews bilateral trade (See 'Corp Brief') Goyal calls for strong Centre–State Partnership to boost Exports (See 'Corp Brief') IPR - Effective service of notices in trademark opposition proceedings and judiciary's role in rectifying administrative oversights, is critically important: HC (See 'Legal Desk') CCI okays ICICI Prudential to take over certain businesses of ICICI Venture (See 'Corp Brief') CCI allows Jindal Jhajjar to acquire Jhajjar Power (See 'Corp Brief') CCI approves acquisition of Toyota Industries by Toyota Asset Preparatory (See 'Corp Brief') IPR - If mark 'SACHAMOTI' and copyright in label are registered in favour of respondent, same shall enure to benefit of respondent insofar as rights flowing u/s 28 of Trade Marks Act is concerned: HC (See 'Legal Desk') India is entering golden era of defence innovation: RM (See 'Corp Brief') Last date to opt for UPS inches near (See 'Corp Brief') Goyal addresses National Conference of Trade Leaders (See 'Corp Brief') Benami - Provisional attachment shall be quashed, if property which was provisionally attached is neither Benami nor transaction which has occurred with respect to said property is benami: SAFEMA (See 'Legal Desk') MoS announces Rs.720 Crore Quantum Fabrication facilities at IIT Bombay (See 'Corp Brief') India, Afghanistan to deepen cooperation in Textile Sector (See 'Corp Brief') MoS lauds Quantum sensing breakthroughs by IIT, inaugurates first Liquid Helium Cryogenic facility (See 'Corp Brief') Evidence-Based Ayurvedic Products are Future of Wellness: Jadhav (See 'Corp Brief') Hotel, Industry & farmers partnerships is Critical for mutual growth: Agri Secy (See 'Corp Brief') MeitY launches Cyber Security Innovation Challenge (See 'Corp Brief') India-Oman Joint Military Cooperation Committee meeting held in New Delhi (See 'Corp Brief') A&C - Once right to file written statement is closed, application under Section 8 of Arbitration and Conciliation Act seeking reference to arbitration is not maintainable: HC (See 'Legal Desk') 'Workers are the miners of nation-building': Sonowal (See 'Corp Brief') India strengthens Textile and Sericulture Cooperation with Georgia (See 'Corp Brief') J&K to host launch of First Limestone Block Auction Roadshow (See 'Corp Brief') Indian Railways crosses 1 Billion Tonne Freight Loading in FY 25-26 (See 'Corp Brief') FEMA - Indian currency falls within scope of 'property' u/s 63 of FERA, empowering authorities to confiscate it when used in contravention of law: HC (See 'Legal Desk') IICA, DGR conclude Certification Program for senior Defence Officers (See 'Corp Brief') Op Drishti: Over 400 surgeries performed at Northern Command, J&K (See 'Corp Brief') ILO welcomes India's Labour Codes (See 'Corp Brief') Limitation Act - provisions of Limitation Act cannot be applied beneficially in favor of a petitioner who demonstrates mala fide intentions, including tampering with official documents: HC (See 'Legal Desk') Government intervention and Corporate governance (See CORP EINSICHT)

The Insolvency and Bankruptcy Code, 2016 (IBC)

Published: Apr 20, 2017

FEATURES AND INSTITUTIONAL SETUP

The Insolvency and Bankruptcy Code, 2016 (IBC) was passed by the Parliament on 11 May 2016, received Presidential assent on 28 May 2016 and was notified in the official gazette on the same day. IBC aims to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.

This act has an overriding effect on multiple laws for the recovery of debts and insolvency and liquidation process like Chapter XIX & Chapter XX of Companies Act, 2013, Chapter XIX & Chapter XX of Companies Act, 2013, RDDBFI Act, 1993, SARFAESI Act, 2002, SICA Act, 1985, The Presidency Towns Insolvency Act, 1909, The Provincial Insolvency Act, 1920, Chapter XIII of the LLP Act, 2008 .

All these laws were inadequate to provide a single clearance or single window resolution system and many a time authorities with different jurisdiction and agencies overlapped and resulted in delayed case solving process and further complexities.

This article covers the key features or requirement of Act and framework of Act.

Key features of the IBC are:

• The code would have an overriding effect on all other laws relating to Insolvency &Bankruptcy. This code includes all persons including corporate, individuals, partnership firms and LLPs as well, however it shall not be applicable to corporate persons who are regulated financial service providers like Banks, Financial Institution (FIs) and Insurance Companies .

• IBC aims at consolidating all existing insolvency related laws as well as amending multiple legislation including the Companies Act. The code has replaced multiple laws covering the recovery of debts and insolvency and liquidation process and provides single window clearance to all the matters pertaining to insolvency and bankruptcy and applicant gets the appropriate relief at the same authority unlike earlier position of law where laws and authorities overlapped each other.

• The code aims to resolve insolvencies in a strict time-bound manner - the evaluation and viability determination must be completed within 180 days. The code provides fixed time frame for insolvency matters for companies and individuals. The process is to be completed within 180 days (Moratorium period) and will be extended by 90 days more. So the matters have to be resolved in not more that 270 days. Also there is a fast-track resolution process for corporate insolvency in 90 days and if it cannot be resolved assets of borrower can be sold in order to repay the creditors.

• Insolvency professionals to take over the management of the Company. IBC proposes a paradigm shift from the existing Debtor in possession' to a ‘Creditor in control' regime.

• There is a simple and clear Framework of authorities under the Act. The National Company Law Tribunal (NCLT) will adjudicate insolvency resolution for companies and Debt Recovery Tribunal (DRT) will adjudicate insolvency resolution for individual.

• Sets clearly order of priority at the time of liquidation i.e.

• Insolvency related costs

• Secured creditors and workmen dues up to 24 months

• Other employee's salaries/dues up to 12 months

• Financial debts (unsecured creditors)

• Government dues (up to 2 years)

• Any remaining debts and dues

• Equity

Institutional Setup under IEC

The Act provides a time bound process for speedy disposal of the matters and for maximization of value of assets, promotes entrepreneurship, improves ease of doing business and also protects the interest of workman and employees. It provides a base to create a good environment for business and benefit to all. The Implementation of any law not only depends on good framework of law but also on effective and efficient functioning of institutions involved in the administration and execution of the same. The IBC is based on five pillars and they are:

IBB - Insolvency and Bankruptcy Board of India- This is the apex body for regulating, promoting transparency & governance in the administration of the IBC; will be involved in setting up the infrastructure and accrediting IPs & IUs; also perform legislative, quasi-judicial function with respect to IPs & IUs and IPAs.

IUs - Information Utilities: This is the centralized depository of financial and credit information of borrowers; would collect, collate and disseminate financial data provided by creditors.

IPs - Insolvency professional - The persons enrolled with IPA and regulated by Board and IPA will conduct resolution process; to act as Liquidator/ bankruptcy trustee; appointed by creditors and override the powers of board of directors. The role of IP includes a wide range of function which includes adhering to procedure of law, accounting as well as finance related functions.

Adjudicating authority (AA) - This would be the NCLT for corporate insolvency; to entertain or dispose any insolvency application, approve/ reject resolution plans, decide in respect of claims or matters of law/ facts thereof.

IPA - Insolvency Professional Agencies - This is registered by the board and shall enroll IPs as its members in accordance with the Insolvency and Bankruptcy Code, 2016 read with its regulations.

Conclusion: The IBC is not only a well-drafted law but also has a strong institutional set up.

(Author is a Practicing Company Secretary)

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