The Insolvency and Bankruptcy Code (IBC) is a landmark legislation passed by the Indian Parliament in 2016 to consolidate and amend the laws relating to insolvency and bankruptcy in India. The IBC provides a unified legal framework for the resolution of corporate insolvency and bankruptcy, with the aim of promoting the maximization of value of assets, balancing the interests of all stakeholders, and ensuring timely resolution of cases.
Insolvency refers to a situation where a debtor is unable to pay his debts when they become due, while bankruptcy is a legal process where an insolvent debtor's assets are liquidated to pay off his creditors. The IBC provides a mechanism for the resolution of both corporate insolvency and bankruptcy, with a focus on resolving cases in a time-bound manner. IBC also provides for insolvency and bankruptcy of non-corporates, however, those parts of the code have not been notified yet, with the exception of Personal Guarantors to Corporate Debtors.
1. Time-bound Resolution: The IBC provides for a time-bound resolution process, with a maximum period of 330 days for the completion of the entire process from the date of admission of insolvency by the NCLT, including the approval of the resolution plan by the National Company Law Tribunal (NCLT).
2. Insolvency Resolution Professionals (RPs): The IBC provides for the appointment of RPs to manage the affairs of the debtor company during the insolvency resolution process. Committee of Creditors (CoC): The IBC provides for the formation of a CoC, comprising of the financial creditors of the debtor company, to decide on the resolution plan. The CoC has the power to approve or reject the resolution plan, and the plan is binding on all stakeholders once it is approved by the NCLT.
3. Moratorium: The IBC provides for a moratorium period for the entire period of CIRP, during which no legal action can be initiated or continued against the debtor company. This provides a breathing space for the company to restructure and resolve its debts.
4. Priority of Claims: The IBC provides for a hierarchy of claims in case of liquidation, with secured creditors and workmen having the first claim on the proceeds from the sale of assets, followed by unsecured creditors, and finally the equity shareholders.
1. Timely Resolution: The IBC attempts to provide a time-bound resolution process, ensuring timely resolution of cases and preventing delays in the liquidation of assets. 2. Maximization of value: The IBC focuses on maximizing the value of assets, ensuring that the interests of all stakeholders are balanced and the best possible outcome is achieved.
2. Investor Confidence: The IBC has improved investor confidence in the Indian market, as it provides a transparent and efficient mechanism for the resolution of insolvency and bankruptcy cases.
3. Debt Recovery: The IBC has improved the prospects of debt recovery for creditors, as it provides a legal framework for the resolution of cases and a hierarchy of claims in case of liquidation. Prior to IBC, the time taken for resolution was much longer and recovery much lower.
4. Restructuring: The IBC provides a mechanism for the restructuring of companies in distress, providing an opportunity for companies to resolve their debts and continue as a going concern.
The Insolvency and Bankruptcy Code is a significant step towards improving the resolution of insolvency and bankruptcy cases in India. The IBC provides a transparent and efficient mechanism for the resolution of cases, with a focus on maximizing the value of assets and balancing the interests of all stakeholders. The IBC has improved investor confidence in the Indian market and has the potential to promote debt recovery and restructuring, contributing to the growth of the Indian economy.