Insolvency and Bankruptcy Code (IBC) | What, How & Why amendment
The
Insolvency and Bankruptcy Code (IBC) which improved the credit ethos in the
country and ensure corporate rescue further dynamic is all set towards another
makeover. Top bureaucrats of Finance Ministry and Corporate Affairs Ministry
and regulator IBBI are working out collectively the next set of amendments to
the IBC.
What is insolvency?
When an
individual or companies are unable to repay their outstanding debt.
What is Bankruptcy?
When a
court has declared a person or other entity insolvent, having passed
appropriate orders to resolve and protect the rights of creditors. It's a lawful
declaration of one's inability to return debts.
IBC came
to force in May 2016 as the former legal organization under the Board for
Industrial and Financial Reconstruction (BIFR) was much mistreated by
shareholders of defunct companies to keep lenders from taking recovery action.
It showed that defaulters will not only loose control of the companies, but
also be prevented from winning them back unless the dues are paid.
The IBC's
process has been marked by strong litigation involving promoters, lenders and
investors some remarkable success and in several cases, liquidation of firms.
Why IBC needs an amendment ?
A large
number of legal cases couldn't be rescued. In many suitcases, delays demonstrated
to be excessive as stakeholders fought long-lasting court battles. About
three-fourths of the 1,682 ongoing cases were undecided for more than 270 days.
The
upcoming amendment would certainly resolve the issues and come up with more
process improvement to govern the credit culture.
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