Before the institution of the Insolvency and Bankruptcy Code, 2016, various overlapping laws and policies were dealing with financial failure and insolvency of corporate institutions in India. The absence of structured timelines put undue stress on the Indian credit system. To undertake reforms and improve the business environment, the government introduced the Insolvency and Bankruptcy Code, 2016. The Code provides a robust legal framework, which aims to bring long-term reforms in line with global economic laws prevalent in advanced jurisdictions.

On 24th July 2019, Insolvency and Bankruptcy Code (Amendment) Bill was introduced in Rajya Sabha. Along with the process for initiating insolvency proceedings, resolution and liquidation, this course also discusses the recent amendments made to the Code. A default under this law poses an imminent threat to the existence of a corporate entity.

Instructor

CHARU MATHUR

 

Charu Mathur has a rich and diverse expertise in corporate, commercial, civil, criminal and constitutional law matters. She is an Advocate on Record, Supreme Court of India. She has represented parties which include cricketing bodies and educational institutions like IIT Jodhpur, NLU Jodhpur, BPUT Orissa, MPUAT Rajasthan, private engineering and medicine colleges of Gujarat and Orissa.

1. Introduction

• • 1.1 Welcome

2. Understanding the objectives and key terms under the IBC

• • 2.1 Evolution and objectives of the IBC
  • 2.2 Insolvency and bankruptcy
  • 2.3 Operational debt
  • 2.4 Financial debt
  • 2.5 Creditor
  • 2.6 Financial creditor and operational creditor
  • 2.7 Exercises

3. The IBC ecosystem

• • 3.1 Insolvency regulator and adjudicating authorities
  • 3.2 Insolvency Professional
  • 3.3 Insolvency Professional Agency
  • 3.4 Information Utility, financial information
  • 3.5 Exercises

4. Initiating the Corporate Insolvency Process

• • 4.1 Triggers for Corporate Insolvency Resolution Process (CIRP)
  • 4.2 Adherence to strict timelines
  • 4.3 Period of moratorium
  • 4.4 Exercises

5. Resolution Process

• • 5.1 Committee of Creditors
  • 5.2 Resolution applicant
  • 5.3 Submission and approval of resolution plan
  • 5.4 Exercises

6. Liquidation

• • 6.1 Initiation of liquidation
  • 6.2 Waterfall mechanism
  • 6.3 Exercises

7. Road ahead

• • 7.1 Road ahead