The Rajya Sabha has given green signal to the Insolvency and Bankruptcy Code (IBC) (Amendment) Bill 2017, which will replace an ordinance promulgated by President Ram Nath Kovind in November to prevent unscrupulous persons from misusing or vitiating the provisions of the IBC. The bill was cleared by the Lok Sabha last week. Union Finance Minister Arun Jaitley has said that the government has entered into an unchartered territory as far as IBC is concerned and would continue to amend the law as it is learning experience. He also noted that Insolvency and bankruptcy is an area in which it is only in the recent years that they have chartered into.
The minister has stated that the government has been encountering situations which were not anticipated earlier and assured the House that it would continue to take corrective action. He noted that the ineligible persons or entities will include undischarged insolvent, wilful defaulter and those whose accounts have been classified as non-performing assets. However, he said that these persons can become eligible to submit a resolution plan if they clear all the overdue amounts with interest and other charges relating to their NPA accounts. Besides, he said that those defaulters who had participated in the insolvency proceedings before November 23 can also bid for stressed assets provided they clear their dues in a month.
Jaitley further said that the whole effort was to make banking sector robust and detach it from politics. He also pointed out that during the insolvency process, banks and unsecured creditors will have to take some haircut and if the same management comes back, nothing would change. He highlighted that the objective of the bill is to allow creditors to move to the National Company Law Tribunal (NCLT) in case of insolvency. He added the resolution process had been started and more than 500 cases disposed of.
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