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Lok Sabha passes Insolvency and Bankruptcy Code, 2015

06 May 2016 Evaluate

Bankruptcy law has came a step closer to become a realization with the Lok Sabha passing the Insolvency and Bankruptcy Code, 2015 - a new law aimed at speedy winding up of companies, lower non-performing assets and redeployment of capital for productive uses. As per the law, cases of insolvency will be resolved within a period 180 days, which can be extended by another 90 days. It also provides for fast-track resolution of corporate insolvency within 90 days.

The Lok Sabha passed the code with all the amendments proposed by the joint parliamentary committee being accepted by the government. As suggested by the Joint Committee, two provisions were  added to the draft law: One, Centre may enter into a pact with a foreign country for enforcing provisions of the Code. Second, a Letter of Request to a country outside India seeking information. The Bill also provides for setting up of a ‘Insolvency and Bankruptcy Board of India’ to regulate professionals, agencies and information utilities engaged in resolution of insolvencies of companies.

The creation of the law will also improve India’s position in the World Bank’s Doing Business ranking by ensuring time-bound settlement of insolvency, enabling faster turnaround of businesses and creating a data base of serial defaulters. Enactment of this legislation before 31 May this year will help India improve its position in the World Bank’s ease of doing business ranking.

The process of putting the new insolvency and bankruptcy code would involve repealing the existing bankruptcy laws and amendment of 11 laws dealing with defaulters. These include Partnership Act of 1932, Central Excise Act of 1944, Customs Act of 1962, Income Tax Act of 1961, the Recovery of Debts due to Banks and Financial Institutions Act of 1993, Sarfaesi Act of 2002, Sick Industrial Companies Repeal Act of 2003, Payment and Settlement Systems Act of 2007, Limited Liability Partnership Act of 2008 and Companies Act of 2013.

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