Bankruptcy Laws - Regulatory Mechanism of IBC, 2016

BANKRUPTCY
LAWS
Presentation topic:
Regulatory Mechanism of IBC, 2016
Professor Incharge:
Asst. Prof. Mr. Raghav Sharma
Presented By:
Aamina Hashim
Roll No. 90, Div B
Semester IV
2nd Year LL.B
BCT College of Law
CONTENTS
Introduction to IBC, 2016
Concept of Insolvency and Bankruptcy
Applicability of the Code
Regulatory Mechanism
Introduction to IBC, 2016:
Before the enactment of the Insolvency and Bankruptcy Code, 2016, the provisions
relating to insolvency and bankruptcy were fragmented and there was no single law to
deal with insolvency and bankruptcy in India.
The Insolvency and Bankruptcy Code Bill was drafted by a specially constituted
“Bankruptcy Law Reforms Committee” (BLRC) under the Ministry of Finance. The
Insolvency and Bankruptcy Code was introduced in the Lok Sabha on 21 December
2015 and was subsequently referred to a Joint Committee of Parliament. The
Committee submitted its recommendations and the modified Code was passed by Lok
Sabha on 5 May 2016. The Code was passed by Rajya Sabha on 11 May 2016 and it
received the presidential assent on 28 May 2016.
The Insolvency and bankruptcy Code, 2016 is one of the biggest economic reforms
which
provides a uniform and comprehensive insolvency legislation covering corporates,
partnerships and individuals (other than financial firms). The Code gives both the
creditors and debtors the power to initiate proceeding. It has helped India achieve a
historic jump in the ease of doing business rankings by consolidating the law and
providing for resolution of insolvencies in a
time-bound manner.
Concept of Insolvency and Bankruptcy
Term
“Insolvency” can
be used for-
State when an individual or

company are not able to pay the
debt and
If, untreated insolvency, it will lead

to-
For non- corporates Corporates
Bankruptcy Liquidation
While insolvency is a situation which arises due to inability to pay
off the debts due to insufficient assets, bankruptcy is a situation
wherein application is made to an authority declaring insolvency
and seeking to be declared as bankrupt, which will continue until
discharge.
From the above it is evident that insolvency is a state and

bankruptcy is a conclusion.
A bankrupt would be a conclusive insolvent whereas all insolvencies

will not lead to bankruptcies.
Applicability of the Code:
The provisions of the Code shall apply for insolvency, liquidation,
voluntary liquidation or
bankruptcy of the following entities:-
Any company incorporated under the Companies Act, 2013 or

any other previous law.
Any other company which is governed by any Special Act
Limited Liability Partnership incorporated under the Limited
Liability Partnership Act, 2008
Partnership firm whether registered or not under the
Partnership Act, 1932
Any Individual Person. Exceptions: There is an exception to the applicability of
the Code that it shall not apply to corporate person
who are regulated financial service providers like
Banks, Financial Institutions and Insurance companies.
Regulatory Mechanism:
The Insolvency and Bankruptcy Code, 2016 provides a new

regulatory mechanism with an
institutional set-up comprising of five pillars:-
• Insolvency and Bankruptcy Board of India
• Insolvency Professional Agencies
• Insolvency Professionals
• Information Utilities
• Adjudicating Authority
Insolvency and
Bankruptcy Code, 2016
Insolvency and
Adjudicating
Bankruptcy Board of
Authority
India (IBBI)
Insolvency
Professional Agency Insolvency Information NCLT DRT
(IPA) Professionals Utility
Insolvency and Bankruptcy Board of India-
The Code provides for establishment of a Regulator who will oversee

these entities and to perform legislative, executive and quasi judicial
functions with respect to the Insolvency Professionals, Insolvency
Professional Agencies and Information Utilities. The Insolvency and
Bankruptcy Board of India was established on October 1, 2016. The
head office of the Board is located at New Delhi. The Board is a body
corporate, having perpetual succession and a common seal, with
power, subject to the provisions of this Code, to acquire, hold and
dispose of property, both movable and immovable, and to contract, and
shall, by the said name, sue or be sued.
Insolvency Professional Agencies-
The Code provides for establishment of insolvency professionals
agencies to enroll and regulate insolvency professionals as its members
in accordance with the Insolvency and Bankruptcy Code, 2016.
Functions of IPA:
Regulatory functions: Executive functions: Quasi-judicial functions:
Drafting detailed standards Monitoring, inspecting and Addressing grievances of
and codes of conduct investigating members on a aggrieved parties, hearing
through bye-laws, that are regular basis complaints against members
made public and are binding Gathering information on their and taking suitable actions
on all members. performance, with the over-
arching objective of
preventing frivolous
behaviour, and malfeasance in
the conduct of IP duties
Insolvency Professionals-
The Code provides for insolvency professionals as intermediaries who
would play a key role in the efficient working of the bankruptcy
process. The role of the IP encompasses a wide range of functions, which
include adhering to procedure of the law, as well as accounting and finance
related functions. He shall have the power and responsibility to monitor
and manage the operations and assets of the enterprise.
In the resolution process, the insolvency professional verifies the
claims of the creditors, constitutes a creditors committee, runs the
debtor's business during the moratorium period and helps the
creditors in reaching a consensus for a revival plan. In liquidation,
the insolvency professional acts as a liquidator and bankruptcy
trustee. An Insolvency Professional if appointed as a Resolution
Professional shall act as a as a neutral trustee of the assets of the
organization.
Information Utilities-
The Code envisages creation of information utility to collect, collate,

authenticate and disseminate financial information of debtors in
centralized electronic databases, at all times.
The Code requires creditors to provide financial information of debtors to

multiple utilities on an ongoing basis. Such information would be available
to creditors, resolution professionals, liquidators and other stakeholders in
insolvency and bankruptcy proceedings.
The purpose of this is to remove information asymmetry and dependency

on the debtor's management for critical information that is needed to
swiftly resolve insolvency.
Adjudicating Authority
The Adjudicating Authority for corporate insolvency and liquidation

is the National Company Law Tribunal (NCLT). Appeals against
NCLT orders shall lie with National Company Law Appellate Tribunal
(NCLAT) and thereafter to the Supreme Court of India.
The Code has created one chain of authority for adjudication under the
Code. Civil Courts have been prohibited to interfere in the matters related
with application pending before the Adjudicating Authority. No injunction
shall be granted by any Court, Tribunal or Authority in respect of any
action taken by the NCLT.
For individuals and other persons, the Adjudicating Authority is the
Debt Recovery Tribunal (DRT), appeals lie to the Debt Recovery
Appellate Tribunal (DRAT) and thereafter to the Supreme Court.
Thank you!

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BANKRUPTCY

Concept of Insolvency and Bankruptcy

Applicability of the Code

State when an individual or

If, untreated insolvency, it will lead

For non- corporates Corporates

From the above it is evident that insolvency is a state and

A bankrupt would be a conclusive insolvent whereas all insolvencies

Any company incorporated under the Companies Act, 2013 or

The Insolvency and Bankruptcy Code, 2016 provides a new

The Code provides for establishment of a Regulator who will oversee

The Code envisages creation of information utility to collect, collate,

The Code requires creditors to provide financial information of debtors to

The purpose of this is to remove information asymmetry and dependency

The Adjudicating Authority for corporate insolvency and liquidation

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