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ARTICLE · 09 JANUARY 2018

The Insolvency And Bankruptcy Code, 2016 - An Appraisal

It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently.

IndiaInsolvency/Bankruptcy/Re-Structuring

It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently. It consolidates the archaic insolvency laws and provides a unified single legislation extensively dealing with the insolvency regime in India. One of the highlighting features of the I&B Code is that it provides a time bound process of 180 days, extendable only by a further period of 90 days to conduct the insolvency resolution. During the past one year, there were many amendments that were made and significant efforts that were put in to overhaul the I&B Code.

At the initial stage, many financial creditors were hesitant to proceed under the I&B Code. Part of the inertia may have to do with the initial days of the I&B Code; but part of it was also the typical (and severe) agency and moral hazard problems of not resolving non performing assets (NPAs) when the banking sector is majorly

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