Insolvency and Bankruptcy Code (Amendment) Bill, 2017 Key Analysis

By | January 22, 2018

At Lok Sabha our central finance minister Mr. Arun Jaitely has introduced a new bill on behalf of Insolvency and Bankruptcy Code (Amendment) Bill, 2017 in 28th December of 2017.  This amendment will be the replacement on earlier existing bill to bar on NPA accounts in-order to recover the bad loans with willful-defaulters. The replacement will bring ordinance which used to promulgated in the month of November. It will prevent to unscrupulous fellows from vitiating and misusing the provisions under the IBC. With this launch of the bill there will be new revolution which prohibits the certain persons (defaulters).

Insolvency-and-Bankruptcy-Code-Amendment-Bill-2017

Insolvency-and-Bankruptcy-Code-Amendment-Bill-2017

Objectives Of The Insolvency and Bankruptcy Code (Amendment) Bill, 2017:

  1. Any company which has management and promoters with non-performing ‘debt’ outstandingly more than a year.
  2. The directors and other will be bar for the sales of property during the liquidation.

Insolvency and Bankruptcy Code (Amendment) Bill, 2017 Features:

The scheme consists of some features which benefits to its applicants in efficient way. It will keep the applicant users to make their bills in perspective manner under the Insolvency and BankruptcyCode (Amendment) Bill, 2017 (IBC). This will perform bring a new changes into defaulters bill.

  • Applicant Resolution:

Any person who intends to submit their resolution plans will be re-define according to codes mentioned by the professionals of insolvency after the invitation as per the guidelines.

  • Applicant Eligibility:

With new bill there are some of new changes as per earlier rules and regulations for the applicants according to Insolvency and Bankruptcy Code (Amendment) Bill, 2017 (IBC). This new term amends the provision relating to the eligibility for the pro-insolvency for submitting the plans to invited applicants. It all be approve only when the applicant certainly fulfills the criteria which lay down as per him if such case consider by the creditors committee. Also require to fulfill the other necessary conditions as mentioned in the bill as brought by the IBC and needs to be valid.

  • In-eligibility:

The IBC has some certain prohibitions for the defaulters just right before submitting their resolution plan which includes 3 major steps-

  1. Desirable applicant (defaulters)
  2. Company without none any such performing of debt for more than a year in outstanding way including management and promoters.
  • Already some of the dis-qualified directors along with others.
  • During The Liquidation:

Any such persons will be ineligible for the resolution of applicants at the time of liquidation by defaulters in sale of property then the bill will be barred.

  • Penalty:

Although person’s who contravets the provisions under Insolvency and Bankruptcy Code (Amendment) Bill, 2017 (IBC) during the bill insertion is no specified by any such penalty. And the result will be punishable for the person’s performing this kind and fine by the amount under Rs. 1 “Lakh” – Rs. 2 “Crore” (INR) specifically. This part could be even more worst if the person or party denies to do so then legally bound to be punishes and offensive.

Insolvency and Bankruptcy Code (Amendment) Bill, 2017 Key Analysis And Issues:

  • The introduced bill will prohibits the certain ‘persons’ from the submission of the resolution ‘plans’ and other participating into the ‘liquidation’ process.
  • If person agrued then in such condition they will be considered to taken charge on the company in undesirable manner.
  • However due to this among the applicants the competition will be reduced and the creditors will also result for lower re-coveries.
  • The ceased company could exist in such condition and liquidated. The persons ‘bidding’ for their assets will be considered as irrelevant in the background.

Conclusion:

The bill passed for the amendment of Insolvency and Bankruptcy Code (Amendment) Bill, 2017 (IBC) is for better process in striking the balance into trade takes between the punishing desirable defaulters. By the bill process for the defaulting-promoters to become a part into debt process of resolution. It will make the default loan accounts into operational manner and thus the resolution to happen at the said period or duration as the specified code. The management and promoters of the company are said to be helpful for submitting their resolution ‘plans’ just before the ordinance gets barred to take part into. The bidding process is also a convenient platform for the private-equity-funds among private banks and also to the asset re-construction for companies.

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