More than two years into operation, the new bankruptcy resolution framework has created opportunities, but at a heavy cost, as of now
He explained that markets regulator Sebi has exempted acquisitions under resolution plans from making public offers under the Takeover Code
Pre-packaged insolvency, individual bankruptcy mechanism also to be put in place
The Supreme Court quashed the RBI circular of last year that pertains to the provisions for referring the defaulter to the NCLT even on a one-day overdue
On paper, majority control is owning anything beyond 50%, but it's really about getting the right team in place, shaping strategy, changing the CEO, and injecting new capital on a pro rata basis
Top court is hearing power, sugar, shipping companies' challenge to RBI's February 12 circular which asked banks to take these firms to NCLT
The repeated insistence on liquidation as a "last resort" reinforces the notion that liquidation is a bad outcome
The move was aimed at reducing ambiguity and curb the misuse of the regulations
It is being considered whether criminal proceedings should be initiated against those not implementing resolution plans or should they be barred from bidding for other companies undergoing resolution
RBI said guidelines in this regard will be issued by the end of February 2019
On Tuesday, NCLT had rejected the debt settlement proposal put forth by the shareholders of Essar Steel saying the offer violates Section 12A of the Insolvency and Bankruptcy Code
Supreme Court endorses the Insolvency and Bankruptcy Code
At the end of December 2018, two years after the IBC came into effect, 586 cases have been settled one way or another
The companies like Swiss Ribbons, Shivam Water Treaters, and Ganesh Prasad Pandey, an individual petitioner, had challenged various provisions of the IBC, such as Sections 7, 12 and 29
A country that needs to sweat every investor rupee and dollar to put its swelling, restive labor force to work will continue to abuse that very thing it doesn't have enough of: capital
Non-serious bidders are a cause for concern, but delays have been as much a worry for time-bound resolution of stressed assets under the IBC
The Insolvency and Bankruptcy Code is beneficial to the extent it generates modified behaviour on the part of managers and lenders
Prospective resolution applicants should substantially establish their disassociation from the promoters who are directly responsible for the NPA
Time to reform will be after behavioural changes
Legal loopholes in bankruptcy process exposed