Navi Mumbai turning Textile Waste into Opportunity for People (See 'Corp Brief') Company Law - Sourcing pre-condition deposit unlawfully from corporate funds in direct violation of Sec 185, or executing settlement agreements without effectuating actual refunds or delivering legally valid & habitable possession, is illegal: SC (See 'Legal Desk') TRAI releases Paper on 'Formulation of Regulatory Framework for ALTD Services (See 'Corp Brief') IPR - Minor alteration to well-established trademark, such as changing single letter, does not render new mark dissimilar, especially when it remains phonetically and visually close to original: HC (See 'Legal Desk') GeM achieves Rs 18.4 Lakh Crore GMV, Emerges as Key Digital Public Procurement Platform (See 'Corp Brief') Benami Act - Burden of proof of benami transaction rests strictly upon person asserting it, and reliance solely on uncorroborated statements of third parties recorded in unrelated Income Tax proceedings, is insufficient: SAFEMA (See 'Legal Desk') Union Minister to inaugurate NCVET Capacity Building (See 'Corp Brief') FEMA - Continuing adjudication u/s 16 of FEMA despite competent authority's refusal to confirm seizure u/s 37A of FEMA, is contrary to law: SC (See 'Legal Desk') Minister calls for stronger research-industry linkages to scale food innovation sector (See 'Corp Brief') A&C Act - Doctrine of 'transnational issue estoppel' applies to enforcement proceedings u/s 48 of Arbitration Act, barring enforcement court from undertaking merits-based review: SC (See 'Legal Desk') MoS backs scaling up indigenous Insulin production amid global supply concerns (See 'Corp Brief') A&C - Mere existence of document, despite it containing arbitration clause, would not qualify as arbitration agreement, unless it is signed by parties seeking to invoke clause as also party against whom enforcement is sought: HC (See 'Legal Desk') New Sainik School reflects Centre's Vision for Nation-Building through Education (See 'Corp Brief') A&C - Agreement to sell being unregistered and unstamped as per Registration Act, Transfer of Property Act, and Indian Stamps Act, cannot be enforced: HC (See 'Legal Desk') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (See CORP EINSICHT)

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.

TIOL CORP SEARCH

TIOL GROUP WEBSITES