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Insolvency & Bankruptcy Code 2016 -- IBC -- Useful for Bank Promotion Exam
Guide to Insolvency and Bankruptcy Code
Amendments of Act 1 of Further, it bars the sale of property of a defaulter to such persons during liquidation. Public announcement of corporate insolvency resolution process. RadheshyamFibres Pvt.Robert Popescu. Such a plan should include aspects of financial restructuring, operational improvement and sale of assets which can be monetised. If the CIRP fails in reviving the company the liquidation process is initiated.
These include: i appointment and replacement of the resolution professional, and ii approval of the resolution plan. Persons not entitled to make application. Principles governing registration of insolvency professional agency! Such resolution must be passed by at least three-fourth of the total number of partners of the corporate debtor?
International Best Practice
Prior to the commencement of the Insolvency and Bankruptcy Code, IBC, or code , the legislative framework in India dealing with the insolvency and restructuring procedures of corporate entities, partnership firms and individuals was very complex and fragmented across multiple legislations viz. The presence of multiple laws, forums and complexities resulted in delays in the timely resolution of the distressed entities, partnership firms or individuals, which further lead to the devaluation of the assets of the borrower, making insolvency negotiations redundant. The IBC has laid down a collective mechanism for resolution of insolvencies in the country by maintaining a delicate balance for all stakeholders to preserve the economic value of the process in a time bound manner. Further, until there is approval of a resolution plan by the AA, the company is operated as a going concern and controlled by the Resolution Professional. The IBC provided time bound resolution which should be completed within a period of days from the date of admission of the application by the AA. In case, the CIRP is not completed within a period of days, extendable to days, the AA shall make necessary orders for liquidation of the Corporate Debtor wherein the RP shall become the liquidator and shall continue to run the liquidation process.