INSOLVENCY AND BANKRUPTCY CODE

INTRODUCTION

The law of insolvency and bankruptcy came in force on 5, May 2016 by notifying about this law in “the gazette of India” and it was introduced on 21 December 2015 by the finance minister late  Arun Jaitley in Lok Sabha for the benefit of the businessman and different firm in our country. The main motive of this law was that the government and our law system can provide us a system where small investors, firm holders, a businessman can feel safe, and they can make a profit without any fear. https://en.wikipedia.org/wiki/Insolvency_and_Bankruptcy_Code,_2016

The first insolvency matter was raising as the national company law tribunal (NCLT) as in the case of synergies dooray automotive limited on 14 August 2017. The company submitted there to file for the insolvency on 23 January 2017. Finally, on fourteen August 2017, the order appeared on the national company law assembly web site. It provides for a restricted time to technique and resolve conditions. The insolvency and bankruptcy code contain 255 sections and 11 schedules.https://yourstory.com/mystory/ibc-and-its-impact-on-indian-economy-f43qfbkxov

MAIN FEATURES

There are four main features of insolvency and bankruptcy law which are insolvency resolution, insolvency regulator, insolvency professionals, bankruptcy, and insolvency adjudicator are following:-

1)The first one is insolvency resolution is that it separates the power of the individual to a group and also maximum time to any person in the case of insolvency. It also set different rule for the cooperate to a private firm.

2.) The second one is the insolvency regulator which tells us about the preceding in the whole country in the conduct of insolvency and bankruptcy law. This board contains 10 members, our finance and law representatives, and the reserve bank of India.

3.)The third feature is insolvency professionals which tell us about the management done by the higher authorities such as licensed professionals in the process of insolvency management.

4.)The fourth feature is bankruptcy and insolvency adjudicator which separates two tribunals to take proper decisions in different cases. Law is different in the case of a cooperative firm, private firm, or a company.

EFFECTS

Bankruptcy and insolvency code helps mainly four groups of society which consist of individuals businessman, partnership firms, limited partnership firms, and companies. This law doesn’t affect any non-profit bodies. This law affects the liquidation, insolvency, and bankruptcy of any firm, company, etc. insolvency doesn’t consist of bankruptcy as the bankruptcy is treated as the legal condition. Many necessary changes will be done in insolvency and bankruptcy law according to the need of the investors. https://cleartax.in/s/insolvency-and-bankruptcy-code-2016

KEY ISSUES

The main Key Issues and Analysis is that the rationale for classifying allottees for the real estate project work as financial creditors may be questioned in many different cases and situations. As well as, The Ordinance mainly not clarify whether allottees are secured as well as it also not clear the unsecured financial creditors. In the case where there are no allottees and they don’t have a clear status, in the case when receiving dues from the insolvency proceedings then there may be uncertainty about their priority.

EFFORCEMENT AND EFFECTS

The Bill tells us about the Insolvency and Bankruptcy Code, 2016 to explain to us about the allottees in a real estate project that should be treated and finalized as the financial creditors. The decisions which were taken by the committee of creditors. As the voting threshold for the main purpose of the routine has been reduced from 75% to 51%. There was also a reduction of up to 66% in certain key decisions. The Bill also allows us the withdrawal of a resolution application. However, submitted to the NCLT under the bankruptcy and insolvency Code. 90% decision is approving and a committee of creditors taking the decision.

CONCLUSION

In addition, insolvency and bankruptcy introduce. In addition, many foreign investors are now beginning to seek India for the legible place for investment. The main reason for this is that it minimizes the rise of the investor in the future. It attracts foreign investors in India. The other reason is that now the foreign investors can properly understand the flexible existing strategy. They become familiar with the policies and codes in India.

CONCLUSION WITH REASON

There are reasons like it will create More accentuation which helps in the success of the small businessman, traders. Even when a company and the businessman or trader go insolvent or face any problem. These are like that in that case, the insolvency and bankruptcy code is a great way for maximizing asset values. This is the way to increase the investors in our nation and maximize the profit. However, it helps in the growth of the nation and also provides the best ways to improve our financial condition and also support our national finance system.

 

Works Cited

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lawyered team. (n.d.). Retrieved 2020, from lawyered: https://www.lawyered.in/legal-disrupt/articles/basic-differences-between-insolvency-and-bankruptcy/

prsindia. (n.d.). Retrieved 2020, from prsindia.com: https://www.prsindia.org/theprsblog/protection-healthcare-service-personnel

samvadpartners. (n.d.). Retrieved 2020, from mondaq: https://www.mondaq.com/india/InsolvencyBankruptcyRe-structuring/627706/Insolvency-And-Bankruptcy-Code

wikipediafoundation. (2020, may 3). wikipedia. Retrieved may 10, 2020, from https://en.wikipedia.org/wiki/Insolvency_and_Bankruptcy_Code,_2016

yourstory. (n.d.). Retrieved 2020, from yourstory.com: https://yourstory.com/mystory/ibc-and-its-impact-on-indian-economy-f43qfbkxov