Diaspora vital connectors between India and global innovation ecosystems: MoS (See 'Corp Brief') Srinagar Khel Sankalp affirms unified commitment to athlete-centric sports ecosystem (See 'Corp Brief') IBC - If corporate debtor is solvent & functioning company, then insolvency process invoked only to secure payment of individual dues by initiation of CIRP, amounts to misuse of IBC as recovery mechanism: SC (See 'Legal Desk') Reining in Misuse of IBC for Recovery (See CORP EINSICHT) SAMAVESH Portal, NMBA 2.0, SETU and SMILE Beggary Apps Launched at Chandigarh Shivir (See 'Corp Brief') PMLA - Attachment of a residential property upheld where Act itself permits attachment not only of property directly acquired from proceeds of crime, but also of untainted property representing equivalent value where actual proceeds of crime are unavailable or untraceable: HC (See 'Legal Desk') Veep urges Youth to become Job Creators and Nation-Builders (See 'Corp Brief') CCIC launches 'Soul Threads' - A Heritage Designer Collection Celebrating Artisanal Legacy (See 'Corp Brief') IBC - If statutory authority, during subsistence of moratorium u/s 14, directs bank to place lien on bank accounts of Corporate Debtor, and bank acts on same, it would amount to execution against Corporate Debtor and is barred by Sec 14: NCLT (See 'Legal Desk') IPR - As Constitutional Court under Article 215 of Constitution, appropriate orders are warranted to ensure that its directions are not taken in perfunctory or dismissive manner: HC (See 'Legal Desk') Prohibition of Benami Property Transactions Act, 1988 - Mere involvement of cash does not exclude transaction from ambit of benami, particularly where source is undisclosed & transaction is structured to legitimize unaccounted money during demonetization: SAFEMA Tribunal (See 'Legal Desk') PMLA - Mere fact that some allegations in predicate FIR were quashed, or that attached property was allegedly purchased before crime period, did not invalidate attachment if companies were recipients of proceeds of crime: SAFEMA (See 'Legal Desk')

IBC - Framework for cross-border insolvency to be announced soon

Published: Jan 21, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 21, 2022: DR Mukulita Vijayawargiya, Whole Time Member, IBBI, yesterday said that a framework for cross-border insolvency would be announced soon under the Insolvency & Bankruptcy Code.

Addressing the virtual Conference on '5 Years of Insolvency and Bankruptcy Code - Looking Forward and Beyond' organized by FICCI under the aegis of the Insolvency and Bankruptcy Board of India (IBBI), Dr Vijayawargiya also asserted on the need for a Code of Conduct for each stakeholder involved in the insolvency and bankruptcy ecosystem.

"A Code of Conduct establishes transparency and accountability for the creation of a robust compliance mechanism in India - critical for good governance," she added.

Dr Vijayawargiya further stated that the IBC regime provides for a resolution process which is time bound and infuses technology with professional expertise with minimum judicial intervention and supervision. 

She also added, "In the last five years, new processes have been developed keeping in mind the changing needs of the economy, be it pre-packs or the cross-border insolvency, which would be finalized shortly."

Emphasizing that every default should not be treated as a base for litigation, she added that there is a technology-driven process under the Code to determine an authentic record of default. This is a key enabler for reducing the time involved in judicial processes as well as enhancing transparency and accountability.

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