The Insolvency and Bankruptcy Board of India (IBBI) has released a discussion paper aimed at gathering feedback on specific challenges within the Corporate Insolvency Resolution Process (CIRP). In this discussion paper, IBBI has suggested amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) with a view to address the identified challenges and enhance the effectiveness and efficiency of the CIRP. Set out below is a summary of some of the proposed key amendments:
Stamp duty implications are required to be assessed carefully for restructuring plan involving merger, demerger or slump sale. Even if the court/tribunal approved restructuring schemes are tax neutral, it may not necessarily avoid the stamp duty implications.