Haircuts might go up in some situations linked to the resolution plan, especially where number of bidders are less
New ordinance barred defaulters from bidding for stressed assets
Union cabinet had forwarded the ordinance with changes for the President's assent
Finance Minister Arun Jaitley is scheduled to brief the media later today
Changes to help prevent wilful defaulters from bidding for stressed assets
With rising number of cases under the Insolvency and Bankruptcy Code, the government has set up a 14-member panel to identify and suggest ways to address issues faced in implementation of the law. The Insolvency Law Committee, chaired by Corporate Affairs Secretary Injeti Srinivas, would take stock of the implementation of the Code, according to an official communication. The move also comes against the backdrop of concerns in certain quarters about various aspects of the law including the possibility of promoters wresting back control of a company under insolvency process. Insolvency and Bankruptcy Board of India (IBBI) Chairperson M S Sahoo, RBI Executive Director Sudarshan Sen, former Lok Sabha Speaker T K Viswanathan, Edelweiss Group Chairman and CEO Rashesh Shah, Shardul Amarchand Mangaldas & Co Executive Chairman Shardul Shroff and Xpro India Chairman Sidharth Birla are among the panel members. Other members include AZB & Partners Partner Bahram Vakil, SBI
Many experts feel the spirit of the Code is compromised if original promoters get back control of their distressed assets
The Rules for individual insolvency under the Insolvency and Bankruptcy Code are likely to be notified by December."It will come in a phased manner. At this point, we are trying to cover corporate guarantors. That is our main issue. In the first phase, we are dealing with corporate guarantors and individuals having business like proprietorship firms," Ranjita Dubey, deputy general manager, Insolvency & Bankruptcy Board of India (IBBI), said.Dubey was speaking on the sidelines of a round table on draft insolvency regulations on individuals and firms organised by the IBBI, in association with ICSI Insolvency Professional Agency and Merchants' Chamber of Commerce & Industry.Mamta Binani, Chairperson, Standing Committee on Corporate Law & Governance, MCCI, explained that, so far, the Rules were only in respect of the Corporate Insolvency Resolution Process and the rules concerning individuals and partnership firms were due to come. "The Insolvency and Bankruptcy Board of India
Under the IBC, appointment of a resolution professional marks the onset of insolvency resolution in a debtor company
Banks have to examine the profitability of businesses to which loans are being granted
Axiom Managed Solutions filed for liquidation in order to wind up its India business
Insolvency and Bankruptcy Code (IBC) has become a lynchpin of the new resolution framework
Absence of cross-border insolvency laws could lessen the Code's effectiveness
Need for alignment of the Code with the existing laws, say experts
The latest communique is a reminder of that deadline, say bankers
When IBC was enacted, policymakers realised that unforeseen challenges are likely to crop up
The new Insolvency and Bankruptcy Code has serious drawbacks
Investigating authority can seize records of the service provider through a court order
IBC provides for a market-determined and time-bound insolvency resolution process
Entire ecosystem required for the new law has not been fully created: Arundhati Bhattacharya