For the first time in the country, ensuring a time-bound process of winding-up a company or limited liability entity, a fresh start for debt-laden individuals under a certain threshold and temporary transfer of management of the troubled entity into the hands of resolution professionals, the Rajya Sabha passed the Insolvency and Bankruptcy Code Bill, enabling a single law to deal with distressed companies, their promoters, creditors, employees and other stakeholders. The bill has already been cleared by the Lok Sabha, lower house of the Parliament and will come into force when it receives president's assent.
The bill seeks to bring a host of regulatory changes to build a robust and faster insolvency resolution mechanism besides setting up of an Insolvency and Bankruptcy Board of India. The new law will provide an overarching framework for dealing with bankruptcies, replacing multiple laws dealing with the issue, including the Companies Act. It will cover individuals, companies, limited liability partnerships and partnership firms.
The bill proposes the creation of a new class of insolvency professionals that will specialize in helping sick companies. It also provides for creation of information utilities that will collate all information about debtors to prevent serial defaulters from misusing the system. The bill also proposes to set up the Insolvency and Bankruptcy Board of India to act as a regulator of these utilities and professionals.
Minister of state for finance Jayant Sinha said that this bill will help creditors lend at lower rates due to protection and will create a robust safety net for workers. It will also enable workmen to initiate the insolvency process and strengthen rights of creditors. He further added that the law will also impact cases which have been going on before this pre-Bankruptcy code and the company revival process can kick off before it goes into bankruptcy. Public sector undertakings (PSUs) will be subject to the same laws like other companies under the Bankruptcy law.
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