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ARTICLE · 04 MAY 2023

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NBFCs And Other Financial Service Providers Now Under IBC

Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
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Mansukhlal Hiralal & Company

Mansukhlal Hiralal & Company

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Under the Insolvency and Bankruptcy Code, 2016, the corporate insolvency resolution process contained in Part II applies to corporate debtors.

IndiaFinance and Banking
Introduction

Under the Insolvency and Bankruptcy Code, 2016 (IBC), the corporate insolvency resolution process contained in Part II applies to corporate debtors. A corporate debtor is defined as a "corporate person who owes a debt to any person." Corporate person is defined to exclude financial service providers. A financial service provider is a person engaged in the business of providing financial services in terms of an authorisation granted by, or registration with, a financial sector regulator who is an entity constituted under any law in force to regulate services or transactions in the financial sector.
Under Section 227 of the IBC, the Central Government is empowered in consultation with the financial service regulator to make the provisions of the IBC applicable to financial service providers or certain categories of financial service providers. The financial crises involving IL&FS and Dewan Housing Finance Limited (DHFL) prompted demands to include

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