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  • Article

    SEBI Clarifies Scope Of Regulation 62A: Transfer Of Unlisted NCDs Under A Business Transfer Arrangement Does Not Circumvent Listing Requirements

    Securities and Exchange Board of India (SEBI) in its recent informal guidance dated 20 July 2026 (Informal Guidance), has clarified that Regulation 62A of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, as amended (LODR Regulations), applies to outstanding unlisted non-convertible debentures, which was are transferred to a debt listed entity pursuant to any corporate restructuring or business transfer.
    IndiaFinance and Banking
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Financial Resolution And Deposit Insurance Bill, 2016

    The committee set up to draft a Code on Resolution of Financial Firms, by the Ministry of Finance, Government of India, on September 28, 2016, released a draft bill – The Financial Resolution and Deposit Insurance Bill, 2016...
    India
Finance and Banking
HSA Advocates
HSA Advocates
  • Article

    Supreme Court Upholds The Expanded Scope Of The PMLA But Concerns Regarding Accused's Rights And The Arbitrariness Of Investigations Remain

    In simple terms, money laundering is the conversion of proceeds of crime into assets which appear to have a legitimate origin. The processes include concealment, removal, disguising, transfer, possession, etc.
    IndiaGovernment, Public Sector
    Bharucha & Partners
    Bharucha & Partners
  • Article

    A Shortfall Undertaking Has Been Recognised As A Financial Debt Under IBC

    In the case of IL&FS Infrastructure Debt Fund v. McLeod Russel India Limited, the Kolkata bench of the National Company Law Tribunal held that in order to determine whether a shortfall undertaking will qualify as an instrument of guarantee ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    A Trade Union Can Initiate Proceedings As An Operational Creditor Under The Insolvency And Bankruptcy Code

    The division bench of the Supreme Court of India comprising of Hon'ble Justice Mr R.F. Nariman and Hon'ble Justice Mr Vineet Saran, in its judgment dated 30 April 2019 in J.K. Jute Mill Mazdoor Morcha v Juggilal Kamlapat Jute Mills Company Ltd & Ors ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Acceptance Of Belated Claims: A Step Forward Or Backward?

    The enactment of the Insolvency and Bankruptcy Code, 2016 ("IBC") was aimed at promoting time-bound resolution of corporate debtors ("CDs").
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Admission Of Claim By Resolution Professional Does Not Constitute Acknowledgment Under Limitation Act: Supreme Court Quashes NCLAT Order In Shankar Khandelwal v. Omkara Asset Reconstruction Pvt. Ltd.

    The Supreme Court of India has delivered a landmark ruling on whether the admission of a claim by an Interim Resolution Professional during Corporate Insolvency Resolution Process constitutes an acknowledgment of liability under the Limitation Act, 1963.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Avoidance Of Specified Transactions Under Insolvency And Bankruptcy Code, 2016

    Whenever a person is declared as insolvent, certain transactions undertaken during the process of insolvency or even before that are avoided to overturn their effects on the finances of the corporate debtor
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Balance Sheets Can Amount To Acknowledgement Of Debt

    SC vide judgment dated April 15, 2021 in the matter of Asset Reconstruction Company (India) Ltd v. Bishal Jaiswal & Anr. decided a crucial question of law pertaining to whether entries...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Bombay High Court Affirms Jurisdiction Of NCLT To Direct ED To Release The Attached Properties After Approval Of Resolution Plan

    In the case of Shiv Charan and Ors. v Adjudicating Authority and Anr., the Division Bench of the Hon'ble High Court of Bombay ("Bombay HC") inter alia upheld the powers of the National Company Law Tribunal.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Boundaries In Section 9 IBC Applications: Analysing GLS Films Industries v. Chemical Suppliers

    The Supreme Court of India has delivered a landmark ruling clarifying the threshold for rejecting insolvency applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. In GLS Films Industries Private Limited v. Chemical Suppliers India Private Limited, the apex court addressed whether appellate tribunals can conduct mini-trials to evaluate the merits of pre-existing disputes, or whether they must simply confirm the existence of a plausible dispute. This judgment reinforces critical safeguards
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Certificate from a recognized financial institution is not a threshold bar to initiate Insolvency Proceedings: The Supreme Court's view in Macquarie Bank Limited v. Shilpi Cable Technologies

    The Supreme Court recently in Macquarie Bank Limited v. Shilpi Cable Technologies had the opportunity to settle the law on two important questions arising under the Insolvency and Bankruptcy Code, 2016 (‘IBC'), which have impaired operational creditors from enforcing their rights under the IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Tuli & Co
    Tuli & Co
  • Article

    CIRP Assignments For Insolvency Professionals Restricted To 10 Assignments With Effect From 22nd July, 2021

    Insolvency Professionals will not be in a position to accept more than ten CIRP assignments as the Insolvency and Bankruptcy Board of India (Board)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMC Law Firm
    AMC Law Firm
  • Article

    CoC's Unfettered Authority vs. RP's Regulation 39(1A) Limitation

    On 28 March 2025, the National Company Law Appellate Tribunal (NCLAT) delivered a significant judgment in the case of Sagar Stone Industries vs. Sajjan Kumar Dokania & Ors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Commercial Wisdom Of Committee Of Creditors

    As per provisions of the Insolvency and Bankruptcy Code, 2016 (IBC or Code), in case of any defaults in paying a debt, financial and other creditors of Corporate Debtor or the Corporate Debtor itself ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Computation Of Time Period Of Corporate Insolvency Resolution Process

    The Insolvency and Bankruptcy Code, 2016 in its Section 12 provides that the corporate insolvency resolution process shall be completed within a period of 180 days from the date of admission of the application to initiate such process.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Corporate Insolvency Resolution Process (Cirp) Of Jaypee Infratech: Implication On Wishtown ; Jaypee Aman Housing Project – Claim Submission Before Aug 24, 2017

    On August 9, 2017, the Allahabad Bench of National Company Law Tribunal ("NCLT") admitted the insolvency application of IDBI Bank against Jaypee Infratech Ltd.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Corporate-Led Insolvency Resolution Process: The Other Side Of The Greener Grass

    Since its inception in December 2016, the Insolvency and Bankruptcy Code (IBC) of 2016 has played a pivotal role in transforming India's insolvency landscape by establishing a time-bound, creditor-driven process for resolving insolvency cases...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Deciphering The Scope Of Moratorium Under Section 14 Of The Insolvency & Bankruptcy Code, 2016

    The Supreme Court with a view to address the ambiguity lingering within Section 14 of the Insolvency & Bankruptcy Code, 2016, which deals with the imposition of Moratorium on the Corporate Debtor, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Gravitas Legal
    Gravitas Legal
  • Article

    Guide To Insolvency Code - Protection ‘From ' Banks/FIs? Or ‘For' Them?

    According to Merriam Webster dictionary, an Insolvent is a person who is a) unable to pay his debts as they fall due in the usual course of business and b) having liabilities in excess of...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Showing 841–860 of 2111 results

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