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