Dec 02,2020 | 10 min read

"Insolvency and Bankruptcy Code" By Sangeetha Narayanaswamy

The Insolvency and Bankruptcy Code, 2016 (IBC) is the liquidation law of India which looks to solidify the existing system by making a single law for indebtedness and insolvency. It was presented in the midst of different other changes presented by the Government, with a centred accentuation on the Ease of Doing Commerce in India. Ease of Doing Trade, not as it were implying fast and simple passage and ease of carrying out operation of businesses; it too covers in its ambit, the ease of exit. In December 2015, in Lok Sabha, the Insolvency and Bankruptcy Code, 2015 was presented. It was passed on 5 May 2016 by the Lok Sabha and on 11 May 2016 by the Rajya Sabha. The Code received the approval of the President of India on 28 May 2016. From 5 August to 19 August 2016, some provisions of the Act have been limited. The Code has been corrected a few times till June 2020.

The bankruptcy Code could be a one-halt arrangement for settling bankruptcies which already was a long handle that did not offer a financially practical course of action. It was done to solidify all the existing laws related to insolvency in India and to streamline the method of bankruptcy resolution. This Code applies to a company enlisted beneath the Companies Act 1956, a Limited liability partnership, Partnership firms and Individuals. Beneath the Insolvency and Bankruptcy Code, any money related lender or an operational lender can start a corporate indebtedness handle against a corporate indebted person when the corporate indebted person commits a default in reimbursement of obligations. Default includes non-reimbursement of obligation when it has become due and payable. Hence, when any money related or operational bank isn't regarded properly, he can start the indebtedness procedures against the corporate indebted person.

The IBC imagines recording of Corporate Insolvency Resolution Process (hereinafter alluded to as CIRP) by the Corporate Indebted person, Monetary Lender and Operational Leaser. In any case, in not one or the other of the said procedures, time outline for the recording of CIRP has been provided. It is basic to point out that the IBC is quiet on the time period inside which an appeal for indebtedness determination is required to be recorded. A few points of interest cases within the Supreme Court related to IBC will moreover be inspected. Consequently, they will encourage in giving us a clear outline of whether or not the sanctioning has in besides been hindering to the wellbeing of the corporate managing or in case it has in fact been a diversion changer and has facilitated the burden as well as enlivened the pace of arranging off the cases and whether due to the control move, it has given a break-even with the specialist to the leaser to record for liquidation in case he has been a defaulter.

The liquidation of companies and individuals were handled under various Acts (around 12 in number). Some of them were:

  • Presidency Towns Insolvency Act, 1909

  • The Provincial Insolvency Act, 1920

  • Sick Industrial Companies Act

  • The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (also known as the Sarfaesi Act)

  • Companies Act 2013

  • Recovery of debts due to banks and financial Institutions Act

It is driven to a covering locale of distinctive specialists like the High Court, Company Law Board, Board for Industrial and Financial Reconstruction (BIFR) and Obligation Recuperation Tribunal. This covering purviews and variety of laws made the method of bankruptcy determination exceptionally awkward in India. As per the World Bank information, it takes a normal 4.3 a long time to wind up a company in India. It is less demanding to begin a trade than to exit it. The unused Insolvency and Bankruptcy Code looks to cut it to 1 year. The new Code looks to assist banks and other banks from recouping their credits from the bankrupt companies conveniently and proficiently.

The primary objective of the Code is:

  • Consolidate all current insolvency laws in India and amend them.

  • To simplify and expedite the proceedings in India involving insolvency and bankruptcy.

  • To protect the interests of a company's creditors, including its stakeholders.

  • To restart the organization in a time-bound way.

  • To encourage entrepreneurship.

  • To get the borrowers the requisite relief and therefore, increase the supply of credit in the economy.

  • Develop a new and timely protocol for recovery to be followed by banks, financial institutions or individuals.

  • To create an Indian Insolvency and Bankruptcy Board.

  • Maximisation of the value of corporate properties.

The IBC has taken it to begin with steps to regularize the indebtedness handle in India. It has revised over 11 legislations in India, bringing approximately one of the foremost noteworthy changes to commercial laws in India in later times. Be that as it may, this early enactment has been ridden with discussions and rapid resolutions. It has moreover gotten to be a really imperative instrument for banks to regularize hoards of non-performing resources plaguing the country’s economy. Insolvency and Liquidation Code brought quite many changes within the enormous commerce situation within the nation. Brought forward to decrease the time it takes to bargain with the issue of liquidation, the code has morphed into something that's driving this nation towards a modern age of economy. Be that as it may, what this street of development might lead to is however to be seen. The finest ready to do is making beyond any doubt that our accounts are in arrange and we never go insolvent. With more than 11% of all credits in India being termed as terrible advances, the IBC has ended up the requirement of the hour.

The IBC has brought plenty of changes to indebtedness laws in India and points to decrease the sum of awful advances that have saddled the economy over the final few years. We are starting to see this through different companies, effectively concluding their bankruptcy handle. The primary fruitful case of a CIRP was that of Bhushan Steel wherein Tata Steel concurred to buy Bhushan Steel for Rupees Thirty-Two Thousand Five Hundred Crores. With numerous more insolvency determination forms within the pipeline, as it were time will tell on the off chance that the IBC will demonstrate to be a fruitful device with its objective of streamlining the indebtedness handle in India.


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Sangeetha N

Practice areas are in Company Law, FDI & FEMA Regulations, Civil law, Criminal law, Real Estate Laws, Family law and Legal Documentation / Law of Contracts and much more. Specialties: Litigation Support in areas involving Company Law, International Business Law, Corporate due diligence Merger & Acquisition [ Domestic & Cross Border Transactions ] , Contract Law, Civil and Criminal Laws, Real Estate laws, Consumer Laws.