A recovery method made available to creditors under the Insolvency and Bankruptcy Code (IBC) is the Corporate Insolvency Resolution Process (CIRP). The concerned creditor or the corporate entity (the debtor) itself may start CIRP in the event that a corporate entity becomes insolvent (unable to repay debt).
Note on the Insolvency and Bankruptcy Code, 2016Shaun Menon
The document provides an overview of the Insolvency and Bankruptcy Code of 2016 in India. Some key points:
1) The Code was enacted to address shortcomings in existing insolvency laws and consolidate them under one law, aiming to resolve insolvency issues faster than previous average of 4.3 years in India.
2) It outlines the stage-wise corporate insolvency resolution process which must be concluded within 180 days and includes steps like appointing a resolution professional, forming a creditors committee, and developing a resolution plan or initiating liquidation.
3) If a resolution plan is not approved, the company enters liquidation where the resolution professional acts as liquidator to realize assets and distribute
Insolvency & bankruptcy code an overviewChirag Gupta
The document provides an overview of the key aspects of the Insolvency and Bankruptcy Code (IBC) of India. It summarizes the various laws that previously governed insolvency in India and the issues they posed. It then outlines the key features and objectives of the IBC, including establishing a time-bound process for insolvency resolution, promoting entrepreneurship and credit availability. The summary explains the various authorities established under the IBC and their roles, as well as the processes for corporate insolvency resolution, liquidation, voluntary liquidation and bankruptcy for individuals and firms.
A Structured Overview of Corporate Insolvency Regime in IndiaEquiCorp Associates
With the recent changes in the legal landscape of India, the Insolvency & Bankruptcy Code, 2016 (“Code”) is the biggest and major legal reforms in the recent times, which has curtailed the earlier extensive process of debt recovery and insolvency. The Code has repealed around eleven laws and provides a comprehensive and time bound mechanism to either put a distressed entity on a firm revival path or timely liquidation of assets.
The Adjudication Authority for companies shall be National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) and Supreme Court shall be the highest order of appeal or having jurisdiction to grant any stay or injunction in respect of matters within the domain of the NCLT and NCLAT.
Distressed M&A under the Bankruptcy CodeShruti Jadhav
The document provides an overview of distressed M&A under the Insolvency and Bankruptcy Code of India. It discusses the key aspects of the resolution process including initiation, moratorium, appointment of the resolution professional, formation of the committee of creditors, preparation of an information memorandum, invitation of resolution plans subject to certain eligibility criteria, and timelines for completion of the process within 270 days.
Corporate Insolvency Process- Insolvency and Bankruptcy Code, 2016INDIA CS
The document provides an overview of the key aspects of the Insolvency and Bankruptcy Code of India. It discusses who can file for insolvency, the process for filing by a financial creditor, the roles of the interim and final resolution professionals, the constitution of the committee of creditors, approval of a resolution plan, and liquidation if the plan is rejected. The code aims to facilitate a time-bound insolvency resolution process and improve ease of doing business in India through a consolidated framework.
Insolvency & bankruptcy code.- when an enterprise (individual, firm or corpor...MahimaSingh73830
IAn Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders
Interpreting Insolvency and Bankruptcy Code, 2016Amrita Lala
The document provides an overview of the Insolvency and Bankruptcy Code of 2016 in India. It discusses the key reasons for introducing the code, including reducing time to resolve insolvency, developing investor confidence, and addressing non-performing assets. The code aims to create a single framework for insolvency and bankruptcy proceedings. It allows for insolvency resolution and bankruptcy procedures for both corporate entities and individuals/partnership firms. The document outlines the structure and various parts of the code, as well as the roles and responsibilities of different authorities and professionals involved in insolvency resolution processes under the code.
Note on the Insolvency and Bankruptcy Code, 2016Shaun Menon
The document provides an overview of the Insolvency and Bankruptcy Code of 2016 in India. Some key points:
1) The Code was enacted to address shortcomings in existing insolvency laws and consolidate them under one law, aiming to resolve insolvency issues faster than previous average of 4.3 years in India.
2) It outlines the stage-wise corporate insolvency resolution process which must be concluded within 180 days and includes steps like appointing a resolution professional, forming a creditors committee, and developing a resolution plan or initiating liquidation.
3) If a resolution plan is not approved, the company enters liquidation where the resolution professional acts as liquidator to realize assets and distribute
Insolvency & bankruptcy code an overviewChirag Gupta
The document provides an overview of the key aspects of the Insolvency and Bankruptcy Code (IBC) of India. It summarizes the various laws that previously governed insolvency in India and the issues they posed. It then outlines the key features and objectives of the IBC, including establishing a time-bound process for insolvency resolution, promoting entrepreneurship and credit availability. The summary explains the various authorities established under the IBC and their roles, as well as the processes for corporate insolvency resolution, liquidation, voluntary liquidation and bankruptcy for individuals and firms.
A Structured Overview of Corporate Insolvency Regime in IndiaEquiCorp Associates
With the recent changes in the legal landscape of India, the Insolvency & Bankruptcy Code, 2016 (“Code”) is the biggest and major legal reforms in the recent times, which has curtailed the earlier extensive process of debt recovery and insolvency. The Code has repealed around eleven laws and provides a comprehensive and time bound mechanism to either put a distressed entity on a firm revival path or timely liquidation of assets.
The Adjudication Authority for companies shall be National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) and Supreme Court shall be the highest order of appeal or having jurisdiction to grant any stay or injunction in respect of matters within the domain of the NCLT and NCLAT.
Distressed M&A under the Bankruptcy CodeShruti Jadhav
The document provides an overview of distressed M&A under the Insolvency and Bankruptcy Code of India. It discusses the key aspects of the resolution process including initiation, moratorium, appointment of the resolution professional, formation of the committee of creditors, preparation of an information memorandum, invitation of resolution plans subject to certain eligibility criteria, and timelines for completion of the process within 270 days.
Corporate Insolvency Process- Insolvency and Bankruptcy Code, 2016INDIA CS
The document provides an overview of the key aspects of the Insolvency and Bankruptcy Code of India. It discusses who can file for insolvency, the process for filing by a financial creditor, the roles of the interim and final resolution professionals, the constitution of the committee of creditors, approval of a resolution plan, and liquidation if the plan is rejected. The code aims to facilitate a time-bound insolvency resolution process and improve ease of doing business in India through a consolidated framework.
Insolvency & bankruptcy code.- when an enterprise (individual, firm or corpor...MahimaSingh73830
IAn Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders
Interpreting Insolvency and Bankruptcy Code, 2016Amrita Lala
The document provides an overview of the Insolvency and Bankruptcy Code of 2016 in India. It discusses the key reasons for introducing the code, including reducing time to resolve insolvency, developing investor confidence, and addressing non-performing assets. The code aims to create a single framework for insolvency and bankruptcy proceedings. It allows for insolvency resolution and bankruptcy procedures for both corporate entities and individuals/partnership firms. The document outlines the structure and various parts of the code, as well as the roles and responsibilities of different authorities and professionals involved in insolvency resolution processes under the code.
The document discusses the Insolvency and Bankruptcy Code, 2016 and recent developments in 2018. It provides an overview of the key features and objectives of the Code, including establishing a single law for insolvency and bankruptcy, a creditor-in-control regime, and time-bound resolutions. It summarizes the application process and timeline for corporate insolvency resolution, as well as the roles of various stakeholders like the interim resolution professional, committee of creditors, and resolution professional. Finally, it mentions some landmark court decisions that have interpreted various provisions of the Code and notes the amendment to include homebuyers as financial creditors.
The Purpose and Scope of the FRIA Law.pdfRoyLobriguito
The document summarizes key aspects of the Financial Rehabilitation and Insolvency Act of 2010 (FRIA) in the Philippines. It describes the purpose of the law as encouraging debtors and creditors to collectively resolve competing claims and property rights. It outlines the definitions and types of rehabilitation proceedings available under the law, including court-supervised, pre-negotiated, and out-of-court rehabilitation. It also discusses liquidation proceedings and defines key roles like the rehabilitation receiver and management committee.
CORPORATE INSOLVENCY:
COMPANIES ACT 2016
Business is a combination of war and sport!!
- Andre Maurois
2
2
“
INSOLVENCY –
Insolvency – what does it mean?
Cessation of companies
New Corporate rescue mechanisms
Insolvent companies – what options are available?
1
2
3
4
Insolvency is inability to pay debts.
When a company is unable to pay its debts, it may be subject to various insolvency proceedings.
The aim of insolvency approaches is for the insolvency administrator to take over the affairs of the debtor company in order to settle the debts of the creditors and distribute the insolvency proceeds to the rightful persons in accordance with law and equity.
Receivership
Compromise & Arrangement
Reconstruction and amalgamation of companies
Insolvency : Alternative Mechanisms
Corporate recovery plans
Cessation of business
Additional measures –introduced in CA2016
The aim is to help financially distressed companies to allow them to restructure their debts, to remain as a going concern and to avoid winding up.
Corporate Voluntary Arrangement (CVA)
Judicial Management (JM)
Winding up
Members’ voluntary winding up
Creditors’ voluntary winding up
Winding up by Court (compulsory)
Striking off
RECEIVERSHIP
Let’s start by briefly discussing on how lender’s interests are protected
6
1
Receivership
“A company going into receivership would mean that its affairs are being managed by a ‘receiver’ or a ‘receiver and manager’. The company is not in liquidation except that the directors will have to surrender their rights to run the company’s business to the ‘receiver’ or ‘receiver and manager’ as a going concern”.
7
INTRODUCTION TO RECEIVERSHIP
When a financial institution / debenture holders provides a financial loan or facility (or other creditors provide credits) to a company, the financial institution would want to have some form of security to recover the debt.
One form of security is through a charge on the immovable property of the company. The charge can take a form of fixed charge or floating charge.
The fixed and floating charge will commonly be set out in the debenture. The terms of the debenture will commonly allow for the appointment of a ‘receiver’ or ‘receiver and manager’ and has duty to realise the charged assets and utilise the proceeds to repay the financial institution.
8
RECEIVERSHIP
A company goes into receivership when receiver is appointed by the debenture holder (or trustee) under a power contained in debenture or trust deed, or Court upon application.
The appointment by debenture holder is normally made in the event of a breach by the co of the conditions attached to the debentures.
The powers of the receiver under this form of insolvency administration are usually specified in a contractual agreement between the secured creditor and the company.
9
RECEIVERSHIP
A receivers’ task is to take possession of assets cover ...
Covers all the issues related to Insolvency Laws and also compares the steps taken by other countries in Insolvency Laws. Views on the impact of COVID-19 on IBC laws are discussed.
The document discusses key aspects of India's Insolvency and Bankruptcy Code of 2016, including definitions of insolvency and bankruptcy, the laws that previously governed these areas, reasons for introducing the new code, and key parties and processes involved. It also summarizes critiques of the code and amendments made in 2017 to strengthen its provisions.
This document provides an overview of the Insolvency and Bankruptcy Code 2016 in India. It defines key terms like insolvency, bankruptcy, financial creditor and operational creditor. It outlines the objectives of the code to have a uniform law and faster resolution process. It describes the insolvency resolution process for companies/LLPs which includes a moratorium, creditors committee and resolution plan within 180 days. If this fails, the process is liquidation. It also describes the process for individuals/partnerships. The code sets up institutions like the Insolvency and Bankruptcy Board, NCLT and Resolution Professionals to handle insolvency cases. It impacts other existing laws dealing with insolvency
It is quite obvious that coronavirus has somewhat brought the economy to a halt for a certain time and the government across countries are trying every bit possible to revive it. COVID-19 has affected all organizations and economies as apparent from the steep decrease in demand and supply of products, social distancing and termination of commercial contracts due to failure in performing contractual obligations.
It is quite obvious that coronavirus has somewhat brought the economy to a halt for a certain time and the government across countries are trying every bit possible to revive it.
The document discusses recent changes to India's Insolvency and Bankruptcy Code (IBC) regime through amendments introduced by an Ordinance and subsequent Act. Key changes include:
1) Stricter eligibility criteria for resolution applicants, including disqualifying wilful defaulters, fraudulent entities, and those associated with non-performing assets.
2) Connected persons of ineligible resolution applicants are also barred from submitting resolution plans.
3) The committee of creditors must consider a resolution plan's feasibility and viability before approving it.
4) Liquidators are prohibited from selling bankrupt companies' assets to ineligible resolution applicants.
This document summarizes key aspects of managing non-performing assets (NPAs) for banks. It defines NPAs as loans that are overdue for more than 90 days. It discusses categories of NPAs, provisioning norms, and factors contributing to NPAs. It then outlines various NPA management strategies banks can take, including preventative measures, resolution through negotiation, Lok Adalats, corporate debt restructuring, and legal proceedings. The document also discusses selling NPAs to asset reconstruction companies or other banks.
Decoding THE INSOLVENCY AND BANKRUPTCY CODE, 2016Amit Kumar
The document summarizes the key aspects of the Insolvency and Bankruptcy Code, 2016 in India. It discusses the need for reform of bankruptcy laws in India due to the complex existing framework and long resolution times. The Code aims to consolidate bankruptcy laws, introduce a time-bound resolution process, and establish new regulatory bodies to handle insolvency resolution and liquidation. It outlines the key elements of the corporate insolvency resolution process established by the Code.
The document discusses the borrowing powers and restrictions on borrowing for companies under Indian law. It provides details on:
- Companies have implied power to borrow, while non-trading companies must include this power in their memorandum.
- The key restrictions on borrowing include limits based on paid-up capital and reserves, and requirements for shareholder authorization for amounts over these limits.
- Borrowings must be registered within 30 days for charges over specific assets like property or within 300 days with a late fee. Lenders can also register in some cases. The registrar issues certificates of registration and satisfaction.
The Indian Space Research Organization conducted a successful maiden test flight of its Reusable Launch Vehicle Technology Demonstrator (RLV-TD) at Sriharikota, marking India's entry into the race to develop reusable space vehicles. The RLV-TD flight test was a "baby step" towards developing a fully reusable space launch vehicle. ISRO had sidelined its RLV program in recent years while focusing on other projects, but has renewed interest due to private companies like SpaceX developing reusable rockets. The successful test positions ISRO to compete with SpaceX and Blue Origin in developing low-cost reusable launch technologies. The RLV-TD is the first step towards India's Two Stage To Orbit reusable spaceplane.
The document discusses key issues regarding post-commencement finance (PCF) in business rescue proceedings. It summarizes that PCF refers to financing obtained by distressed companies undergoing business rescue to facilitate restructuring. While PCF is prioritized for repayment under the Companies Act, the proper ranking of PCF claims relative to pre-existing secured creditors requires further clarification. Additionally, it is unclear if PCF creditors could invoke the Insolvency Act to challenge dispositions made to other PCF creditors during liquidation proceedings. Judicial rulings are still needed to provide guidance on interpreting these provisions.
I prepared this ppt on Insolvency and Bankruptcy Code, 2016 to give a brief overview of it. This Code has repealed various Acts and made the insolvency procedure easier.
As you may be aware that a new Insolvency and Bankruptcy Code ,2016 has been enacted.
It provides “RESOLUTION OF DEFAULT” in payment to lenders very fast process to settle the matter in 180 days.
The Government as well as RBI are pressing hard to lending Banks to settle their dues through this code.
The lending banks have already started issuing Notice to borrowers to take action to settle their defaulted Accounts.
Under this code Registered Insolvency Professionals (IP) have a pivotal role to Resolve the defaulted Loan.
We are a group of professionals and One of our founder director (Advocate Ashok Juneja) is also Registered as Insolvency Professioal (IP) with Insolvency and Bankruptcy Board of India as Insolvency Professional (IBBI)
Attached is PP on new code.
You are free to contact us if you have any query/ clarification
Building occupants can benefit economically, environmentally, and healthily from biophilic design. The idea of “biophilic design” is applied in the building sector to improve occupant connectivity with the natural world. It entails integrating space and place conditions, direct and indirect nature, and nature into cities and buildings.
The body of rules governing the formation and execution of contracts is known as contract law. The Indian Contract Act of 1872 functions as a comprehensive guidebook governing agreements and contracts in India. This legislation was enacted to create a framework for contract law, and it has undergone several revisions to accommodate changing economic conditions.
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Similar to What is the procedure for corporate insolvency resolution under the IBC.pdf
The document discusses the Insolvency and Bankruptcy Code, 2016 and recent developments in 2018. It provides an overview of the key features and objectives of the Code, including establishing a single law for insolvency and bankruptcy, a creditor-in-control regime, and time-bound resolutions. It summarizes the application process and timeline for corporate insolvency resolution, as well as the roles of various stakeholders like the interim resolution professional, committee of creditors, and resolution professional. Finally, it mentions some landmark court decisions that have interpreted various provisions of the Code and notes the amendment to include homebuyers as financial creditors.
The Purpose and Scope of the FRIA Law.pdfRoyLobriguito
The document summarizes key aspects of the Financial Rehabilitation and Insolvency Act of 2010 (FRIA) in the Philippines. It describes the purpose of the law as encouraging debtors and creditors to collectively resolve competing claims and property rights. It outlines the definitions and types of rehabilitation proceedings available under the law, including court-supervised, pre-negotiated, and out-of-court rehabilitation. It also discusses liquidation proceedings and defines key roles like the rehabilitation receiver and management committee.
CORPORATE INSOLVENCY:
COMPANIES ACT 2016
Business is a combination of war and sport!!
- Andre Maurois
2
2
“
INSOLVENCY –
Insolvency – what does it mean?
Cessation of companies
New Corporate rescue mechanisms
Insolvent companies – what options are available?
1
2
3
4
Insolvency is inability to pay debts.
When a company is unable to pay its debts, it may be subject to various insolvency proceedings.
The aim of insolvency approaches is for the insolvency administrator to take over the affairs of the debtor company in order to settle the debts of the creditors and distribute the insolvency proceeds to the rightful persons in accordance with law and equity.
Receivership
Compromise & Arrangement
Reconstruction and amalgamation of companies
Insolvency : Alternative Mechanisms
Corporate recovery plans
Cessation of business
Additional measures –introduced in CA2016
The aim is to help financially distressed companies to allow them to restructure their debts, to remain as a going concern and to avoid winding up.
Corporate Voluntary Arrangement (CVA)
Judicial Management (JM)
Winding up
Members’ voluntary winding up
Creditors’ voluntary winding up
Winding up by Court (compulsory)
Striking off
RECEIVERSHIP
Let’s start by briefly discussing on how lender’s interests are protected
6
1
Receivership
“A company going into receivership would mean that its affairs are being managed by a ‘receiver’ or a ‘receiver and manager’. The company is not in liquidation except that the directors will have to surrender their rights to run the company’s business to the ‘receiver’ or ‘receiver and manager’ as a going concern”.
7
INTRODUCTION TO RECEIVERSHIP
When a financial institution / debenture holders provides a financial loan or facility (or other creditors provide credits) to a company, the financial institution would want to have some form of security to recover the debt.
One form of security is through a charge on the immovable property of the company. The charge can take a form of fixed charge or floating charge.
The fixed and floating charge will commonly be set out in the debenture. The terms of the debenture will commonly allow for the appointment of a ‘receiver’ or ‘receiver and manager’ and has duty to realise the charged assets and utilise the proceeds to repay the financial institution.
8
RECEIVERSHIP
A company goes into receivership when receiver is appointed by the debenture holder (or trustee) under a power contained in debenture or trust deed, or Court upon application.
The appointment by debenture holder is normally made in the event of a breach by the co of the conditions attached to the debentures.
The powers of the receiver under this form of insolvency administration are usually specified in a contractual agreement between the secured creditor and the company.
9
RECEIVERSHIP
A receivers’ task is to take possession of assets cover ...
Covers all the issues related to Insolvency Laws and also compares the steps taken by other countries in Insolvency Laws. Views on the impact of COVID-19 on IBC laws are discussed.
The document discusses key aspects of India's Insolvency and Bankruptcy Code of 2016, including definitions of insolvency and bankruptcy, the laws that previously governed these areas, reasons for introducing the new code, and key parties and processes involved. It also summarizes critiques of the code and amendments made in 2017 to strengthen its provisions.
This document provides an overview of the Insolvency and Bankruptcy Code 2016 in India. It defines key terms like insolvency, bankruptcy, financial creditor and operational creditor. It outlines the objectives of the code to have a uniform law and faster resolution process. It describes the insolvency resolution process for companies/LLPs which includes a moratorium, creditors committee and resolution plan within 180 days. If this fails, the process is liquidation. It also describes the process for individuals/partnerships. The code sets up institutions like the Insolvency and Bankruptcy Board, NCLT and Resolution Professionals to handle insolvency cases. It impacts other existing laws dealing with insolvency
It is quite obvious that coronavirus has somewhat brought the economy to a halt for a certain time and the government across countries are trying every bit possible to revive it. COVID-19 has affected all organizations and economies as apparent from the steep decrease in demand and supply of products, social distancing and termination of commercial contracts due to failure in performing contractual obligations.
It is quite obvious that coronavirus has somewhat brought the economy to a halt for a certain time and the government across countries are trying every bit possible to revive it.
The document discusses recent changes to India's Insolvency and Bankruptcy Code (IBC) regime through amendments introduced by an Ordinance and subsequent Act. Key changes include:
1) Stricter eligibility criteria for resolution applicants, including disqualifying wilful defaulters, fraudulent entities, and those associated with non-performing assets.
2) Connected persons of ineligible resolution applicants are also barred from submitting resolution plans.
3) The committee of creditors must consider a resolution plan's feasibility and viability before approving it.
4) Liquidators are prohibited from selling bankrupt companies' assets to ineligible resolution applicants.
This document summarizes key aspects of managing non-performing assets (NPAs) for banks. It defines NPAs as loans that are overdue for more than 90 days. It discusses categories of NPAs, provisioning norms, and factors contributing to NPAs. It then outlines various NPA management strategies banks can take, including preventative measures, resolution through negotiation, Lok Adalats, corporate debt restructuring, and legal proceedings. The document also discusses selling NPAs to asset reconstruction companies or other banks.
Decoding THE INSOLVENCY AND BANKRUPTCY CODE, 2016Amit Kumar
The document summarizes the key aspects of the Insolvency and Bankruptcy Code, 2016 in India. It discusses the need for reform of bankruptcy laws in India due to the complex existing framework and long resolution times. The Code aims to consolidate bankruptcy laws, introduce a time-bound resolution process, and establish new regulatory bodies to handle insolvency resolution and liquidation. It outlines the key elements of the corporate insolvency resolution process established by the Code.
The document discusses the borrowing powers and restrictions on borrowing for companies under Indian law. It provides details on:
- Companies have implied power to borrow, while non-trading companies must include this power in their memorandum.
- The key restrictions on borrowing include limits based on paid-up capital and reserves, and requirements for shareholder authorization for amounts over these limits.
- Borrowings must be registered within 30 days for charges over specific assets like property or within 300 days with a late fee. Lenders can also register in some cases. The registrar issues certificates of registration and satisfaction.
The Indian Space Research Organization conducted a successful maiden test flight of its Reusable Launch Vehicle Technology Demonstrator (RLV-TD) at Sriharikota, marking India's entry into the race to develop reusable space vehicles. The RLV-TD flight test was a "baby step" towards developing a fully reusable space launch vehicle. ISRO had sidelined its RLV program in recent years while focusing on other projects, but has renewed interest due to private companies like SpaceX developing reusable rockets. The successful test positions ISRO to compete with SpaceX and Blue Origin in developing low-cost reusable launch technologies. The RLV-TD is the first step towards India's Two Stage To Orbit reusable spaceplane.
The document discusses key issues regarding post-commencement finance (PCF) in business rescue proceedings. It summarizes that PCF refers to financing obtained by distressed companies undergoing business rescue to facilitate restructuring. While PCF is prioritized for repayment under the Companies Act, the proper ranking of PCF claims relative to pre-existing secured creditors requires further clarification. Additionally, it is unclear if PCF creditors could invoke the Insolvency Act to challenge dispositions made to other PCF creditors during liquidation proceedings. Judicial rulings are still needed to provide guidance on interpreting these provisions.
I prepared this ppt on Insolvency and Bankruptcy Code, 2016 to give a brief overview of it. This Code has repealed various Acts and made the insolvency procedure easier.
As you may be aware that a new Insolvency and Bankruptcy Code ,2016 has been enacted.
It provides “RESOLUTION OF DEFAULT” in payment to lenders very fast process to settle the matter in 180 days.
The Government as well as RBI are pressing hard to lending Banks to settle their dues through this code.
The lending banks have already started issuing Notice to borrowers to take action to settle their defaulted Accounts.
Under this code Registered Insolvency Professionals (IP) have a pivotal role to Resolve the defaulted Loan.
We are a group of professionals and One of our founder director (Advocate Ashok Juneja) is also Registered as Insolvency Professioal (IP) with Insolvency and Bankruptcy Board of India as Insolvency Professional (IBBI)
Attached is PP on new code.
You are free to contact us if you have any query/ clarification
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Navi Mumbai Metro in 2023- Navi Mumbai Metro Line 1 has been given the go-ahead to begin commercial service in June 2023.
After 12 years, City and Industrial Development Corporation (CIDCO) has been given the all-clear. The Belapur to Pendhar metro line will begin service.
The CMRS certificate for five stations was granted to CIDCO. It has been decided to give Maharashtra Metro Rail Corporation (MMRC) the task of finishing the unfinished construction on Navi Mumbai metro line 1.
Real Estate Direct Tax- Learn More About Current Tax Rates & Tax-Saving Strat...yamunaNMH
The term “direct tax” describes taxes that the government imposes directly on people or other entities. For instance, GST is an indirect tax, whereas income tax is a direct tax. A notable illustration in the real estate industry is the capital gains tax, which is levied on property sales. Discover its meaning, benefits, and different forms of direct taxes in India by reading on.
About SakiNaka Elevated Metro Station in Mumbai.pdfyamunaNMH
The huge metropolis of Mumbai, sometimes known as the "City of Dreams," never sleeps. This thriving metropolis is well-known for its diverse population, prominent landmarks, and extensive use of public transportation. The Mumbai Metro has changed the game among the city's different modes of transport by making daily commuting easier for millions of Mumbai residents.
The Real Estate Trends Roadmap for 2023-2025.pdfyamunaNMH
Real Estate Trends Roadmap- The real estate market is always changing due to a variety of variables. Including advancing technology and changing societal needs. It is crucial for investors & stakeholders to recognize the emerging patterns that will characterize this era as we get closer to the years 2023–2025. These thorough manual attempts to offer a strategic path for navigating the volatile real estate market. In the upcoming years, grounded in the most recent industry data.
Best Cities & Projects In Maharashtra's Smart Cities To Live in.pdfyamunaNMH
Look at the real estate possibilities of the top ten smart cities in Maharashtra. Find out how certain cities are being improved by urban expansion.
Maharashtra is significantly contributing to India’s goal of creating 100 smart cities. Ten of the 100 smart cities that were chosen are located in Maharashtra.
AVRUPA KONUTLARI ESENTEPE - ENGLISH - Listing TurkeyListing Turkey
Looking for a new home in Istanbul? Look no further than Avrupa Konutlari Esentepe! Our beautifully designed homes provide the perfect blend of luxury and comfort, making them the perfect choice for anyone looking for a high-quality home in the city.
With a wide range of apartment types available, from 1+1 to 4+1, we have something to suit every need and budget. Each apartment is designed with attention to detail and features spacious and bright living areas, making them the perfect place to relax and unwind after a long day.
One of the things that sets Avrupa Konutlari Esentepe apart from other developments is our focus on creating a community that is both comfortable and convenient. Our homes are surrounded by lush green spaces, perfect for enjoying a peaceful stroll or having a picnic with friends and family. Additionally, our complex includes a variety of social and recreational amenities, such as swimming pools, sports fields, and playgrounds, making it easy for residents to stay active and socialize with their neighbors.
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Recent Trends Fueling The Surge in Farmhouse Demand in IndiaFarmland Bazaar
Embarking on the journey to acquire a farmhouse for sale is just the beginning; the real investment lies in crafting an environment that contributes to our mental and physical well-being while satisfying the soul. At Farmlandbazaar.com, India’s leading online marketplace dedicated to farm land, farmhouses, and agricultural lands, we understand the importance of transforming a humble farmland into a warm and inviting sanctuary. Let's explore the fundamental aspects that can elevate your farmhouse into a tranquil haven.
Keep Your Home Naturally Cool and Warm Out Change in Seasons
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The KA Housing - Catalogue - Listing TurkeyListing Turkey
Welcome to KA Housing, a distinguished real estate development nestled in the heart of Eyüpsultan, one of Istanbul’s most promising districts.
Just 10 minutes from the bustling city center, Eyüpsultan offers a serene escape with the convenience of urban living. The direct metro line ensures seamless connectivity to all parts of Istanbul, making it an ideal location for residents who seek both tranquility and vibrancy.
KA Housing boasts unparalleled accessibility, with proximity to Istanbul Airport only 30 minutes away, facilitating easy international travel. Effortless city access is guaranteed by direct metro and transportation links to Istanbul’s cultural and commercial hubs. Quick access to key metro lines connects you to every corner of the city within minutes, making commuting and exploring the city hassle-free.
The development offers luxurious living spaces with a range of unit layouts from 1+1 to 4+1, designed with meticulous attention to detail. Each unit features balconies or terraces, providing stunning vistas of Istanbul and enhancing the living experience. High-quality materials and superior craftsmanship ensure durability and elegance, while sound-proof insulation and high ceilings (2.95 m) offer comfort and sophistication.
Residents of KA Housing enjoy exclusive on-site amenities, including a state-of-the-art gym, outdoor swimming pool, yoga area, and walking paths. Entertainment options abound with a private cinema, children’s playground, and a variety of dining options including a café and restaurant. Security and convenience are paramount with 24/7 security, a dedicated carpark garage, and an IP intercom system.
KA Housing represents a prime investment opportunity with limited availability in a high-demand area, ensuring enduring value and potential for lucrative returns. Homes in this development provide exceptional value without compromising on quality, offering affordable luxury for discerning buyers. The construction is of the highest quality, built to the latest seismic and disaster resistance standards, ensuring safety and resilience.
The community and surroundings of KA Housing are enriched by close proximity to prestigious universities such as Haliç University, Bilgi University, and Istanbul Ticaret University, making it an ideal location for students and academics. The development is adjacent to the Alibeyköy stream leading into the Halic waters, offering serene natural escapes amidst lush greenery. Residents can enjoy the cultural richness of the area, surrounded by historical and cultural landmarks that blend leisure, nature, and culture seamlessly.
https://listingturkey.com/property/the-ka-housing/
Rams Garden Bahcelievler - Istanbul - ListingTurkeyListing Turkey
Implemented by Rams Global in Bahcelievler, the Rams Garden Bahcelievler Apartments includes 796 residences of different types from 2+1 to 5+1.
Next to the project, which will have 33 thousand square meters of green area, there will be 42 thousand 300 square meters of woodland. There will also be a 210-meter-long pond in the landscape of the project. There are 94.5 square meters of green space per flat.
Rams Garden Bahcelievler Apartments, which has 8 times more green space than the average of Istanbul with its 33 thousand square meters of green area located within a total of 75 thousand square meters, offers various housing options from 2+1 to 5+1.RAMS Garden has brought a lifeline to the construction industry.
Rams Global, which has signed projects in many places from Dubai to Phuket and delivered more than 20 thousand residences, is now starting new projects in Istanbul.
Rams Garden Bahcelievler is located 9 minutes from Metroport AVM, 5 minutes from Marmara Forum AVM, 12 minutes from Kazlıçeşme beach, 9 minutes from Yıldız Technical University, 7 minutes from Istinye University, 9 minutes from Ramada Hotel and Medicana Hospital.
https://listingturkey.com/property/rams-garden-bahcelievler-apartments/
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Rixos Tersane Istanbul Residences Brochure_May2024_ENG.pdfListing Turkey
Tersane Suites Residences is a luxurious real estate project located in the heart of Istanbul, next to the beautiful Golden Horn. This unique development offers hotel concept residences with Rixos management, making it the perfect choice for both homeowners and investors.
The Tersane Suites Residences offers a wide range of options, from studio apartments to spacious four-bedroom units, all designed to the highest standard. The suites are finished with high-quality materials and feature modern, open-plan living spaces, fully-equipped kitchens, and large balconies with stunning views of the city and sea.
One of the standout features of Tersane Suites Residences is the Rixos management, which provides a truly exclusive and upscale living experience. Residents will have access to a range of luxury amenities, including a fitness center, spa, and indoor and outdoor swimming pools. Plus, the on-site restaurants and cafes provide a taste of the local and international cuisine.
The Tersane Suites Residences also offers a great opportunity for investors, as it provides a rental guarantee program. This means that investors can enjoy a steady income stream, with the peace of mind that their property is being managed by a reputable and experienced team.
The location of Tersane Suites Residences is also unbeatable, with easy access to the city’s main transportation links and within close proximity to the historic center, making it the perfect base for exploring all that Istanbul has to offer.
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
Discover Yeni Eyup Evleri 2, nestled among the rising values of Eyupsultan, offering the epitome of modern living in Istanbul.
With its spacious living areas, contemporary architecture, and meticulous details, Yeni Eyup Evleri 2 is poised to be the star of your happiest moments. Situated in the new favorite district of Eyupsultan, claim your spot and unlock the doors to a peaceful life alongside your loved ones. Nestled next to the historical and natural beauties of Eyupsultan, embrace the comfort of modern living and rediscover life.
Social Amenities:
Yeni Eyup 2 offers a life filled with joy with its green landscaping areas, gym, sauna, children’s play areas, café, outdoor pool, and basketball court. Reserve your place for unforgettable moments!
Reliable Structure:
With 1+1, 2+1, and 3+1 apartment options, Yeni Eyup Evleri 2 is designed with first-class materials and craftsmanship. The doors to a safe and comfortable life are here! Choose the option that suits you best and step into your dream home.
Project:
Yeni Eyup 2 is conveniently located, with Istanbul Airport just 26 minutes away, the Mecidiyeköy Metro Line 4 minutes away, and the Tram Stop 5 minutes away, making your life easier with its central location.
Location:
Your home is positioned in a privileged location, providing easy access to the city center, shopping malls, restaurants, schools, and other important places.
Yeni Eyup 2 offers 1+1, 2+1, and 3+1 apartment options designed to meet different needs. Find an option suitable for every lifestyle and open the doors to a comfortable life in your dream home.
https://listingturkey.com/property/yeni-eyup-evleri-2/
At Geomatrix, we Pride Ourselves on our Commitment to Superior Craftsmanship and client satisfaction. Our team Consists of Highly Qualified specialists including Architects, Engineers, project Managers, and skilled labourers who work seamlessly together to achieve ourclients' Objectives. Geomatrix is recognized as the Best Construction Company in Haldwani, Dedicated to bringing visions to life with unparalleled Expertise and Professionalism.
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Sense Levent Kagithane Catalog - Listing TurkeyListing Turkey
Sense Levent offers a luxurious living experience in the heart of Istanbul’s vibrant Levent district.
This cutting-edge development seamlessly integrates modern design with natural elements, featuring live evergreen plants maintained by an advanced irrigation system, ensuring lush greenery year-round.
The building’s elegant ceramic balconies are both stylish and durable, enhancing the overall aesthetic and functionality. Residents can enjoy the 700m Sky Lounge, which provides breathtaking views of Istanbul and a perfect space to relax and unwind.
Sense Levent promotes a healthy and active lifestyle with a full gym, swimming pool, sauna, and steam room, all available in the building. The interiors are crafted with high-quality materials, ensuring a luxurious and inviting living space.
Designed with young professionals in mind, Sense Levent features 1+1 and 2+1 units with smart floor plans and balconies. The project promises high investment returns, with an expected annual return of 6.5-7%, significantly above Istanbul’s average ROI.
Located in the rapidly growing and highly desirable Levent area, the development benefits from ongoing urban regeneration projects. Its prime location offers proximity to shopping malls, municipal buildings, universities, and public transportation, adding immense value to your investment.
Early investors can take advantage of discounted units during the construction phase, with an expected capital appreciation of +45% USD upon completion. Property Turkey provides comprehensive rental management services, ensuring a seamless and profitable investment experience.
Additionally, robust legal support and significant tax advantages are available through Property Turkey’s licensed Real Estate Investment Fund. Levent is a dynamic urban hub, ideal for young professionals with its numerous corporate headquarters and shopping malls.
Sense Levent is more than just a residence; it’s a place where dreams and opportunities come to life. Contact us today to secure your place in this exclusive development and experience the best of Istanbul living. Sense Levent: Sense the Opportunity. Live the Dream.
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What is the procedure for corporate insolvency resolution under the IBC.pdf
1. What Is The Procedure For Corporate Insolvency
Resolution Under The IBC?
A recovery method made available to creditors under the Insolvency and
Bankruptcy Code (IBC) is the Corporate Insolvency Resolution Process (CIRP). The
concerned creditor or the corporate entity (the debtor) itself may start CIRP in the
event that a corporate entity becomes insolvent (unable to repay debt). The
Insolvency and Bankruptcy Code, 2016, amends and consolidates the laws relating
to the reorganization & insolvency of corporate entities, individuals, and
partnership organisations in a time-bound manner with the goal of balancing the
interests of all stakeholders.
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The Insolvency and Bankruptcy Code, 2016, amends and consolidates the laws
relating to the reorganization & insolvency of corporate entities, individuals, and
partnership organisations in a time-bound manner with the goal of balancing the
interests of all stakeholders. According to the Insolvency and Bankruptcy Code,
2016, the Corporate Insolvency Resolution Process (CIRP) is a remedy for creditors.
The ease of doing business and the willingness of creditors to lend have greatly
increased as a result of the improvement in insolvency proceedings in a time-bound
manner, according per CIRP. This has positively impacted credit flow in Indian real
estate
2. Who has the authority to start the resolution of corporate insolvency?
A financial creditor, an operational creditor, or the corporate debtor itself may
submit an application to start CIRP against a defaulting corporate entity (debtor) to
the National Company Law Tribunal (NCLT), the body responsible for deciding
disputes of insolvency involving corporate entities. For each category of creditor, a
different process must be followed for starting legal action and other procedures.
According to IBC regulations, a financial creditor is a person who is owed money.
Financial debt has since been defined in terms of real estate as any sum obtained
from an allottees as part of a real estate project and considered to be an amount
with the commercial equivalent of a loan. Thus, homebuyers have been categorized
as financial creditors and must adhere to the strict application process set down for
financial creditors.
A financial creditor starting the CIRP
An application to initiate CIRP against a corporate debtor must be filed jointly by at
least ten percent of the project's total allottees or at least one hundred of these
allottees, whichever is lower, in the case of financial creditors who are also allottees
of a real estate project.
Such creditors must submit an application and pay the applicable fee, as well as
provide the following information:
Evidence of the debt default or record of default that is kept by an
information utility (someone or something that is authorised to serve as a
repository of legal data relating to any debt or claim, as submitted by a
financial or operational creditor and verified & authenticated by the other
parties to the debt or claim, such as National E-Governance Services Limited)
Name of the resolution specialist that the creditors want to serve as the
interim resolution specialist
Any other details that the Insolvency & Bankruptcy Board of India (IBBI) may
demand
3. Within 14 days of receiving the application, NCLT is required to prove that a default
has occurred by accessing records from an information utility or using other proof
offered by the financial creditor. If this isn't done by the deadline, the Tribunal must
give written notice of its justifications.
The Tribunal may, by its order, admit the application if it has determined that a
default has occurred, is satisfied with the application as stated, and determines that
no disciplinary actions are currently being pursued against the suggested resolution
professional. Before rejecting the application, the adjudicating authority will allow
the applicant seven days to correct any errors found in any of the aforementioned
three components. The seven days will begin on the date the applicant receives the
notification to correct the application. If accepted, NCLT will inform the corporate
debtor and financial creditor of the order, and the resolution process will start on
the day the application is accepted.
Professional interim resolution and moratorium
An Interim Resolution Professional (IRP) is chosen by the Adjudicating Authority
(NCLT) upon the admission of a corporate debtor into the resolution procedure on
the recommendation of financial creditors. The corporate debtor's (corporate
entity) board of directors is suspended, and the IRP now has administrative
authority over the corporate entity. The IRP will be assisted by current employees of
the corporate debtor, & his or her tenure will last until the Resolution Professional
is appointed.
Following the appointment, a public notification declaring the beginning of the CIRP
against the corporate debtor must be issued. This announcement must include
information about the corporate debtor, including name and address, the name of
the IRP, & the date on which the CIRP will end.
Additionally, a moratorium that forbids the following will go into effect:
Its property transfers
The beginning or continuation of any legal action against the corporate
debtor or entity
The owner's ability to reclaim any property from the debtor
An interest in a security measure's enforcement
The cessation or interruption of the supply of goods and services that are
necessary
4. While the corporate debtor is involved in the resolution procedure, the moratorium
is still in place. However, the impact of the moratorium does not include significant
business agreements made by the corporate entity (the debtor).
Analysis and confirmation of allegations
The IRP must access and assess all information about the corporate debtor at this
phase of the proceedings, including but not limited to the assets & liabilities,
company operations, and financial and operational payments over the last two
years. The IRP will then review, call for, and confirm the financial creditors' claims
while also classifying them. The IRP then assembles a Committee of Creditors (COC)
made up of each financial creditor of the corporate debtor. If there were two or
more financial creditors in a consortium, as is generally the case with homebuyers
of a real estate project, each financial creditor would be a member of the COC, and
their voting share would be determined by the financial debts owing to them.
Selection of the resolution specialist
The committee must decide whether to name the IRP as the resolution professional
within seven days of the COC's establishment. To do so, the committee must receive
the support of at least 66 percent of the financial creditors who have the right to
vote. The committee will then inform the adjudicating authority of its choice.
Obligations of the resolution specialist
The protection and preservation of the corporate debtor's assets, including its
ongoing business operations, is the responsibility of the resolution professional. In
addition to calling and attending all COC meetings, the professional must represent
the corporate debtor's interests in any quasi-judicial, judicial, or arbitration
proceedings.
In the event that the committee determines that the resolution professional needs to
be replaced, it may do so by a vote of 66 percent of the voting shares and submit the
replacement's name to the adjudicating authority.
5. Candidates for resolution must be eligible
IBC was created with the intention of examining potential options for a struggling
corporate debtor to recover. As a result, it provides opportunities for a person, a
trust, or a corporation to step forward, invest money, acquire & purchase the
relevant corporate entity that is subject to CIRP, and rebuild the business. Several of
the levels of relations that Section 29A of the IBC implemented to prevent
promoters or others related to the promoter group of the corporate debtor from
acquiring the struggling company (corporate debtor) at a discount have been
described below. This is essential to prevent promoters of a failing real estate firm
from acquiring the same thing directly or indirectly through anyone else working
for that company. As a result, if an individual, trust, or corporation, or any other
person working jointly or in concert with such an individual, trust, or corporation:
Is an unsatisfied insolvent.
Is a willful defaulter in accordance with Reserve Bank of India (RBI)
regulations
Having a non-performing asset (NPA) account
Is the promoter of a company whose account has been labelled as an NPA?
Is in charge of a business entity (corporate debtor), whose account is
categorized as an NPA.
Is in charge of a business debtor whose account is categorized as a non-
performing asset.
It is prohibited for at least a year for any such firm, its promoters, or management
whose account is designated as NPA to submit a resolution plan for a corporate
debtor under CIRP. However, the company, its promoters, or management will be
qualified to submit a resolution plan provided the same pays all past-due sums
along with the necessary interest & other charges related to NPA accounts.
However, a resolution applicant who is a financial company and is not connected to
the concerned corporate debtor shall not be subject to the aforementioned
restrictions.
6. The resolution plan's submission and approval
Every resolution plan filed by a qualified applicant must be examined by a
resolution expert to make sure it covers the costs of the corporate insolvency
resolution procedure as well as the fulfilment of the corporate debtor's obligations.
The committee of creditors will then be presented with the plans for approval. A
majority of the financial creditors' voting shares, or at least 66 percent, must vote in
favour of the approval. The resolution specialist will next submit the resolution plan
to the adjudicating authority. Financial creditors must accept this plan within 180
days of the start of CIRP. The Adjudicating Authority may, however, extend this time
frame by up to 90 days.
If a resolution plan is sanctioned by NCLT and authorised within the time frame
outlined above, it will be binding on the corporate debtor and all of its members,
employees, guarantors, creditors, and other stakeholders. The Adjudicating
Authority must order the corporate debtor's liquidation if no proposal is accepted
within the allotted time. Following its approval, the committee of creditors appoints
the liquidator to sell the debtor's assets and distribute the proceeds to interested
parties.
Corporate Insolvency Resolution Process on the Fast Track
Compared to the typical 180-day process as per IBC for conventional CIRP
proceedings, this is a speedier alternative to accomplish corporate insolvency
within 90 days. If necessary and upon request by the resolution professional, the
fast-track CIRP may be extended past 90 days with the Adjudicating Authority's
approval. The extension, though, cannot last longer than 45 days. The other
procedures will be the same as those used during the 180-day CIRP.
7. Application of the fast-track CIRP includes:
A small business (as defined by Section 2(85) of the 2013 Companies Act)
Start-up, as the Ministry of Commerce and Industry defines it (other than a
partnership firm).
An unlisted business with total assets listed in its previous fiscal year's
financial statement that don't exceed Rs 1 crore
The Insolvency and Bankruptcy Code, 2016, which includes the corporate
insolvency resolution process, has ushered in a new era in the management of
insolvency proceedings and improved the ease of doing business in the Indian real
estate sector and other sectors with regard to redressal mechanisms in case of a
default.
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