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  • Article

    What Are The Ethical Guidelines For Recovery Agents?

    As per the RBI guidelines, Banks and Financial Institutions (‘FI') can appoint external recovery agents to recover loans from defaulting customers.
    IndiaFinance and Banking
    Samagra Law
    Samagra Law
  • Article

    A Dispute Must Exist Prior To Issuance Of Demand Notice Under §8(1) Of The Insolvency And Bankruptcy Code

    Given this judgment, corporate debtors will now need to be prompt in raising any disputes they have pertaining to claims made on them by Operational Creditors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Tuli & Co
    Tuli & Co
Article

A Note On Personal Guarantors To Corporate Debtors Under Insolvency And Bankruptcy Code, 2016.

The Central Government recently notified that Part III of the Insolvency and Bankruptcy Code, 2016 ("Code"), shall be applicable to the personal guarantors of a corporate debtor.
IndiaInsolvency/Bankruptcy/Re-Structuring
Juris Prime Law Services
Juris Prime Law Services
  • Article

    Amendments To Corporate Insolvency Resolution Process

    On 18 September 2023, the Insolvency and Bankruptcy Board of India (IBBI) introduced the Insolvency and Bankruptcy Board of India...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Amendments To The Insolvency And Bankruptcy Code, 2016 To Apply Prospectively

    The OTS was treated as a Resolution Plan and was approved by a 100% vote of the CoC. The Resolution Plan was thereafter placed before the NCLT for recording its satisfaction as per §31 of the IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Tuli & Co
    Tuli & Co
  • Article

    An Alternative Approach To A Code Of Conduct For The Committee Of Creditors In An IBC Process

    The CoC needs to be fair and transparent in its decisions.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&R Associates
    S&R Associates
  • Article

    Analysis Of First Resolution Plan Approved By NCLT And The Objection Raised By Creditor

    The National Company Law Tribunal, Hyderabad (hereinafter referred as "Adjudicating Authority"), after hearing to all the concerned parties on 23.01.2017
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Apex Court Rules That Moratorium Applies On Ongoing SARFAESI Sale – Post Initiation Of IBC Proceedings

    The Supreme Court of India in Indian Overseas Bank v M/s RCM Infrastructure Ltd. & Anr. held that a sale under section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Application Under Section 7 Of The IBC Cannot Be Filed By 100 Or 1/10th Of Allottees Of Separately Registered RERA Projects Even If They Are Part Of A Common Township/layout

    The National Company Law Appellate Tribunal ("NCLAT") issued a detailed judgment addressing several critical issues related to the interpretation of the Insolvency and Bankruptcy Code, 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Assignment Agreement Of Asset Reconstruction Companies: To Be Registered Or Not

    One of the most popular types of transactions in financial markets is debt assignment. It encompasses transferring a debt from a creditor (assignor) to a third party (assignee).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AB Legal
    AB Legal
  • Article

    Authority Of The COC To Opt For Liquidation Of The Corporate Debtor Prior To The Approval Of A Resolution Plan

    In the case of ACRE – 81 Trust Through its trustee Assets Care & Reconstruction Enterprise Limited v. Pawan Kumar Goyal [2024 SCC OnLine NCLAT 90], the National Company Law Appellate Tribunal, Principal Bench.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Case Analysis To Clarify The Applicability Of Moratorium On Personal Guarantor Under Section 14 Of The Insolvency And Bankruptcy Code

    Mr. V Ramakrishna, the managing director of the company signed a personal guarantee in favor of State Bank of India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Commencement Of A New Era Of Corporate Insolvency Resolution- The Insolvency And Bankruptcy Code, 2016 Close To Being Fully Implemented

    With the fast paced release of notifications and rules one after the other in the last quarter of 2016, much of the Insolvency and Bankruptcy Code...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    "Doctrine Of Necessity" Can Be Read In Accordance With The Code To Revive A Corporate Debtor

    The first order of objective of the Insolvency and Bankruptcy Code, 2016 ("Code") is "resolution".1 Keeping this in the background, recently, the National Company Law Appellate Tribunal ("NCLAT") applied the "doctrine of necessity" to find a resolution to revive a corporate debtor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Effect Of The IBBI (Insolvency Resolution Process For Corporate Persons) (Fourth Amendment) Regulations, 2018 On Operational Creditors

    The Insolvency and Bankruptcy Board of India has recently amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Enhanced Disclosure Requirements During Voluntary Liquidation

    The Insolvency and Bankruptcy Board of India (IBBI) notified IBBI (Voluntary Liqudiation Process) (Amendment) Regulation, 2024 (Amendment Regulations) on 31 January 2024.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Equity Prevails: When Conduct Speaks Louder Than The Register Of Members

    In a significant pronouncement on the interpretation of membership under the Companies Act, 1956, a Division Bench of the Supreme Court of India comprising Justices Pamidighantam Sri Narasimha and Alok Aradhe...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Amends The Corporate Insolvency Regulations To Mandate Simultaneous Voting On Resolution Plans

    The IBBI has, vide notification dated 7 August 2020, amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 to, inter alia, make it mandatory for the committee of creditors to vote ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Clasis Law
    Clasis Law
  • Video

    IBBI CPE Guidelines 2025: Mandatory In-Person Learning For Insolvency Professionals Explained (Video)

    The Insolvency and Bankruptcy Board of India (IBBI) has issued a major update for Insolvency Professionals (IPs): the Continuing Professional Education (CPE) Guidelines Amendment 2025.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Notifies The IBBI (Insolvency Resolution Process For Corporate Persons) (Third Amendment) Regulations, 2026

    The Reserve Bank of India has introduced significant amendments to cross-border merger regulations, replacing NCLT approval requirements with a broader 'Competent Authority' framework. These changes align foreign exchange management rules with the Companies Act 2013, while new payment system authorisation guidelines establish perpetual validity for compliant operators and restrict investments from FATF non-compliant jurisdictions.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Showing 461–480 of 2111 results

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