SlideShare a Scribd company logo
Raunak Arora
Intern
(Litigation and Dispute Resolution Team)
 Insolvency and Bankruptcy Code was introduced
in 2016.
 Provides with a mechanism to initiate an
insolvency resolution process in the event a
debtor is unable to pay its debts or if the
Company on its own wants to liquidate itself.
 Initiation of CIRP at the behest of Financial
Creditor (Section 7)
 Initiation of CIRP at the behest of Operational
Creditor subject to issuance of demand letter
(Section 8)
 Initiation of CIRP at the behest of the
Corporate Debtor (Section 10)
 Moratorium declared under Section 13
 Interim Resolution Professional is appointed
under Section 16
 IRP constitutes a Committee of creditors
(‘CoC’).
 An Information memorandum is prepared
(section 29)
 Resolution Plans are submitted by applicants,
one of which is approved by CoC and
subsequently by the NCLT. (Section 30)
 However, if no resolution plan is received or
approved by NCLT, order for liquidation is
passed and a Liquidator is appointed. (Section
33)
 Invitation of Claims by the Liquidator
 After verification, the Liquidator can accept or
reject the claims.
 Duty of Liquidator – to carry out effective
valuation of all claims and assets and liquidate
the Corporate Debtor accordingly.
 Order of priority of debts is also established
under the code. (Section 53) (Also known as the
Waterfall Mechanism)
 A Company can also opt for voluntary liquidation.
(Section 59)
 Once the affairs of the Company have been
wound up and assets liquidated, the company is
dissolved by an order of the Adjudicating
Authority.
Thank you!

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1-Basic Framework of Insolvency laws in India.pptx

  • 1. Raunak Arora Intern (Litigation and Dispute Resolution Team)
  • 2.  Insolvency and Bankruptcy Code was introduced in 2016.  Provides with a mechanism to initiate an insolvency resolution process in the event a debtor is unable to pay its debts or if the Company on its own wants to liquidate itself.  Initiation of CIRP at the behest of Financial Creditor (Section 7)
  • 3.  Initiation of CIRP at the behest of Operational Creditor subject to issuance of demand letter (Section 8)  Initiation of CIRP at the behest of the Corporate Debtor (Section 10)  Moratorium declared under Section 13  Interim Resolution Professional is appointed under Section 16
  • 4.  IRP constitutes a Committee of creditors (‘CoC’).  An Information memorandum is prepared (section 29)  Resolution Plans are submitted by applicants, one of which is approved by CoC and subsequently by the NCLT. (Section 30)
  • 5.  However, if no resolution plan is received or approved by NCLT, order for liquidation is passed and a Liquidator is appointed. (Section 33)  Invitation of Claims by the Liquidator  After verification, the Liquidator can accept or reject the claims.
  • 6.  Duty of Liquidator – to carry out effective valuation of all claims and assets and liquidate the Corporate Debtor accordingly.  Order of priority of debts is also established under the code. (Section 53) (Also known as the Waterfall Mechanism)  A Company can also opt for voluntary liquidation. (Section 59)  Once the affairs of the Company have been wound up and assets liquidated, the company is dissolved by an order of the Adjudicating Authority.