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    India: Amendments in Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations
    2018-03-06

    The Insolvency and Bankruptcy Board of India has amended the Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 with effect from February 7, 2018, and has brought into force the Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2018[1]. The salient features of the new regulations have been discussed hereunder.

    Appointment of registered valuers

    Filed under:
    India, Insolvency & Restructuring, Litigation, SS Rana & Co, Bankruptcy
    Location:
    India
    Firm:
    SS Rana & Co
    India: Role of Insolvency Resolution Professionals appointed under IBC
    2018-03-22

    Enforced with the objective of time-bound insolvency resolution and maximization of assets, the Insolvency Bankruptcy Code, 2016 (hereinafter referred to as “IBC”), in order to facilitate the process of insolvency resolution, has provision for appointment of an insolvency resolution professional (hereinafter referred to as “IRP”).

    Filed under:
    India, Insolvency & Restructuring, SS Rana & Co
    Location:
    India
    Firm:
    SS Rana & Co
    Insolvency & Bankruptcy Code Via Limitation Act
    2018-03-27

    It is known that I & B Code came into effect from 01.12.2016.  Subsequently, it perspired during various proceedings in NCLT that it has no specific provision for limitation period and/or categorical applicability of Limitation Act on initiation of insolvency process under the Act.

    However, the limitation period is prescribed under the Limitation Act for every suit instituted, appeal preferred, and application made under the law.

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, AMLEGALS
    Authors:
    Anandaday Misshra
    Location:
    India
    Firm:
    AMLEGALS
    Time Lines In Insolvency Process - Identification Of Resolution Applicants Within 105 Days
    2018-04-04

    As per Section 5(14) of the IB Code "Insolvency Resolution Process Period" is 180 days.

    “Period of one hundred and eighty days beginning from the insolvency commencement date and ending on one hundred and eightieth day;”

    COMPLETION OF INSOLVENCY RESOLUTION PROCESS - It must be noted that Section 12 of the IB Code prescribes the time limit for completion of Insolvency Resolution process.

    Filed under:
    India, Insolvency & Restructuring, AMLEGALS
    Location:
    India
    Firm:
    AMLEGALS
    Insolvency - ‘Moratorium’ applicable to property of ‘Personal Guarantor’
    2018-04-05

    National Company Law Appellate Tribunal has held that ‘Moratorium’ under Section 14 of the Insolvency and Bankruptcy Code will not only be applicable to the property of the ‘Corporate Debtor’ but also on its ‘Personal Guarantor’.

    Brief Facts:

    Filed under:
    India, Banking, Insolvency & Restructuring, Lakshmikumaran & Sridharan Attorneys
    Location:
    India
    Firm:
    Lakshmikumaran & Sridharan Attorneys
    India: Calcutta High Court upholds the constitutionality of the provisions of IBC, 2016
    2018-04-10

    Background:

    The Hon’ble Calcutta High Court on February 2, 2018, upheld the validity of Section 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as ‘IBC 2016’ or ‘the Code’) in the case of Akshay Jhunjhunwala & anr. v. Union of India[1].

    Filed under:
    India, Banking, Insolvency & Restructuring, SS Rana & Co
    Location:
    India
    Firm:
    SS Rana & Co
    India: IBBI notifies the IBBI (Fast Track Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2017
    2018-01-15

    Introduction –

    Filed under:
    India, Insolvency & Restructuring, SS Rana & Co
    Location:
    India
    Firm:
    SS Rana & Co
    India: NCLT accepts first Resolution Plan
    2018-01-15

    Introduction –

    The Principal Bench of the National Company Law Tribunal (hereinafter referred to as the ‘NCLT’), in the case of Alchemist Asset Reconstruction Company Limited (herein after referred to as AARCL) vs Hotel Gaudavan Pvt. Ltd (herein after referred to as HGPL)[1], entertained the first resolution plan filed before it, which was the first to have been submitted since the implementation of the Insolvency and Bankruptcy Code, 2016.

    Filed under:
    India, Insolvency & Restructuring, Litigation, SS Rana & Co
    Location:
    India
    Firm:
    SS Rana & Co
    India: Macquarie Bank Limited vs. Shilpi Cable Technologies Ltd.
    2018-01-26

    FACTS

    Hamera International Private Limited executed an agreement with, Macquarie Bank Limited, Singapore (hereinafter called ‘appellant’), where the appellant purchased the original supplier's right, title and interest in a supply agreement in favour of Shilpi Cable Technologies (hereinafter referred to as the “respondent”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, SS Rana & Co, Companies Act 2013 (India)
    Location:
    India
    Firm:
    SS Rana & Co
    India: Relaxation in levy of Minimum Alternate Tax for Insolvent Companies
    2018-01-29

    Background:

    Filed under:
    India, Insolvency & Restructuring, Tax, SS Rana & Co, Income tax
    Location:
    India
    Firm:
    SS Rana & Co

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