The Joint Parliament Standing Committee looking into the Insolvency and Bankruptcy Code Bill has cleared the proposed bankruptcy law, increasing the chances of the long-delayed Bankruptcy Code securing parliamentary assent in the current session. Finance minister Arun Jaitley said that “The code has been cleared by the Parliament Standing Committee and is likely to be discussed in the current Budget session of Parliament.”
The code, touted as a big reform initiative to boost the ease of doing business, would help expedite unlocking of distressed corporate assets and boost creditors’ ability to recover debts before they are truly sunk. It will be supplemented with the requisite institution building (the National Company Law Tribunal in the main) and creation of a pool of insolvency professionals.
Among the major changes that the code - which will subsume many existing laws including the Sick Industrial Companies Act - would bring includes, making decision of the majority of the lenders binding on other lenders and defaulting promoters; allowing unsecured creditors to initiate liquidation and loan restructuring; and giving unsecured creditors precedence over others except secured lenders when it comes to laying hands on the liquidated firms’ assets.
The code was introduced in the Lok Sabha in December 2015 and was sent to the panel comprising members from both Houses to reach a consensus on the various provisions. The Finance Minister also said that the SARFAESI (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest) Act and Debt Recovery Tribunal (DRT) Act have been amended to make the recovery process more efficient and expedient.
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