Insolvency & Bankruptcy Code (IBC) in India - economy

News: The Finance Minister has proposed to set up an integrated technology platform to improve the outcomes under the Insolvency & Bankruptcy Code (IBC).

 

What’s in the news?

  • The Union Minister also proposed the establishment of additional tribunals out of which, some will be notified to decide cases exclusively under the Companies Act.
  • It is also proposed that steps for reforming and strengthening debt recovery tribunals be taken and additional tribunals be established to speed up the recovery.

 

Insolvency

  • In a growing economy like India, a healthy credit flow and generation of new capital are essential.
  • When a company or business turns insolvent or “sick”, it begins to default on its loans. 
    • In order for credit to not get stuck in the system or turn into bad loans, it is important that banks or creditors are able to recover as much as possible from the defaulter and as quickly as they can.
  • The business can either get a chance, if still viable, to start afresh with new owners, or its assets can be liquidated or sold off in a timely manner. 

This way fresh credit can be pumped into the system and the value degeneration of assets can be minimised.

 

Need for the IBC

  • In 2016, India’s Non-Performing Assets and debt defaults were piling up, and older loan recovery mechanisms such as the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), Lok Adalats, and Debt Recovery Tribunals were seen to be performing badly, the Insolvency and Bankruptcy Code (IBC) code was introduced.
    • It was introduced to overhaul the corporate distress resolution regime in and consolidate previously available laws to create a time-bound mechanism.
  • When insolvency is triggered under the IBC, there can be two outcomes: resolution or liquidation; all attempts are made to resolve the insolvency by either coming up with a restructuring or new ownership plan and if resolution attempts fail, the company’s assets are liquidated.

 

 

Insolvency and Bankruptcy Code (IBC) 

  • Objective: The primary objective of the IBC is to promote entrepreneurship, availability of credit, and balance the interests of all stakeholders by providing for a time-bound process to resolve insolvency.
  • Applicability: The IBC applies to companies, limited liability partnerships (LLPs), partnership firms, and individuals. It provides a framework for both corporate and personal insolvency.
  • Modus Operandi: When a corporate debtor (CD), or a company defaults on its loan repayment, either the creditor or the debtor can apply for the initiation of a Corporate Insolvency Resolution Process (CIRP) under Section 6 of the IBC.
    • The minimum amount of default is ₹1 crore.
    • To apply for insolvency, one has to approach a stipulated adjudicating authority (AA) under the IBC— the various benches of the National Company Law Tribunal (NCLT) across India are the designated AAs.
  • Insolvency Resolution Process (IRP): The IBC provides for a structured insolvency resolution process overseen by licensed insolvency professionals (IPs). 
  • Adjudicating Authority: The National Company Law Tribunal (NCLT) is the adjudicating authority for corporate insolvency resolution processes (CIRP) for companies and LLPs.
    • For individuals and partnership firms, the Debt Recovery Tribunal (DRT) handles the process.
  • Insolvency Professionals: IPs are licensed professionals who play a crucial role in managing the insolvency resolution process.
    • They act as intermediaries between the debtor and creditors and manage the affairs of the debtor during the insolvency process.
  • Time-bound Process: The IBC mandates strict timelines for various processes involved in insolvency resolution to ensure timely resolution and prevent undue delays.
  • Liquidation: If a resolution plan is not approved or implemented within the specified time frame, the corporate debtor may be liquidated to distribute the proceeds to creditors.
  • Cross-border Insolvency: The IBC provides a framework for dealing with cross-border insolvency through cooperation and reciprocal arrangements with other countries.

Source: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2035585