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Government tables Insolvency and Bankruptcy Code, 2015 in Lok Sabha

22 Dec 2015 Evaluate

The government has introduced a Bill in the Lok Sabha to consolidate and amend all laws relating to insolvency resolution so as to tackle the issue of undue delays. The ‘Insolvency and Bankruptcy Code, 2015’ provides for resolution of insolvency in a speedier and time-bound manner and aims at promoting investments, freeing up banks’ resources for other productive uses, boosting credit markets and improving ease of doing business in India. The important thing of the Bill is that it has been introduced as a money Bill, which means Rajya Sabha cannot reject or amend it once it is passed by the Lower House.

The Bill proposes the setting up of an Insolvency and Bankruptcy Board of India to regulate insolvency regulate professionals, agencies and information utilities engaged in resolution of insolvencies of companies, partnership firms and individuals. It also proposes the setting up of a fund dubbed the ‘Insolvency and Bankruptcy Fund of India’. The Code seeks to provide for designating National Company Law Tribunal (NCLT) and Debt Recovery Tribunal (DRT) as the adjudicating authorities for corporate persons and firms and individuals, respectively, for resolution of insolvency, liquidation and bankruptcy.

As per the proposed legislation, the corporate insolvency would have to be resolved within a period 180 days, extendable by 90 days. It also provides for fast-track resolution of corporate insolvency within 90 days. The Code also seeks to balance the interest of all the stakeholders including alteration in the priority of payment of government dues.

Earlier Economic Affairs Secretary Shaktikanta Das has said that “Next to GST, bankruptcy legislation will be the biggest reform”. CII Director General, Chandrajit Banerjee too has said that the proposed Bill aims for a complete renovation of the current insolvency and bankruptcy system in India, which will help streamline the procedure of revival of companies facing financial distress.

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