Insolvency and Bankruptcy Code Essentials, 2nd Edn.
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.
Generosity is a virtue, but unlimited generosity is a fast route to bankruptcy.Bret Stephens
- 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
WHY TAKE THIS COURSE?
The amendment in Insolvency and Bankruptcy Code, 2016 has brought in several positive changes which will result in a significant boost in the insolvency resolution framework. Clarity in bankruptcy framework is essential to pave the way for a better business environment where companies could be revived with relatively more ease.
As a practising lawyer and as a law student, it is essential to be aware with the nuances and latest amendments in the code, which will help you in better understanding the Corporate Insolvency Resolution Process. This course is your guide in initiating and taking forward the Insolvency Resolution Process. The course will take you through the evolution of IBC to the filing of an insolvency application. Since this course deals with the essentials of the IBC, it will also help you in preparing for the Insolvency Resolution Professional Examination.
This course is useful for every law student, legal professional—as a solo lawyer, as a part of a law firm, as a General Counsel, or as an advisor to a corporation, to keep himself or herself abreast with this seminal law. Take a leap with us towards a better understanding of Insolvency and Bankruptcy Law.
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.
Bankruptcy is a serious decision that people have to make.Herbert Kohl
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