Answer By law4u team
Key Features of the IBC:
- Purpose:
- The primary objective of the IBC is to facilitate the resolution of insolvency cases in a structured and time-bound manner to protect the interests of creditors and promote entrepreneurship.
- It seeks to balance the interests of all stakeholders and promote the availability of credit in the economy.
- Insolvency Resolution Process:
- The IBC provides a framework for the initiation of the Corporate Insolvency Resolution Process (CIRP) for companies in financial distress.
- Creditors, debtors, or any other eligible party can file an application before the National Company Law Tribunal (NCLT) to initiate the resolution process if there is a default in payment.
- Time-bound Resolution:
- The IBC mandates that the insolvency resolution process should be completed within 180 days, extendable by another 90 days, ensuring a swift resolution.
- If the resolution process fails, the company is moved into liquidation.
- Committee of Creditors (CoC):
- The CoC, comprising financial creditors of the company, plays a crucial role in approving the resolution plan or deciding on the liquidation of the company.
- Decisions by the CoC are based on the majority vote, ensuring a democratic decision-making process.
- Liquidation:
- If the resolution process does not succeed, the company enters liquidation. The assets are sold, and the proceeds are distributed among the creditors based on their priority.
- Cross-border Insolvency:
- The IBC also provides a framework for dealing with insolvency cases involving foreign entities, enabling cooperation with international jurisdictions.
- Personal Insolvency:
- The code includes provisions for the insolvency resolution of individuals and partnership firms, providing a framework for debt resolution and discharge for individuals.
- Amendments and Reforms:
- The IBC has undergone several amendments to address evolving challenges, including pre-packaged insolvency resolutions for MSMEs and provisions to prevent abusive filings.
Summary: The IBC is a landmark reform in India’s insolvency regime, providing a structured, time-bound process for the resolution and liquidation of distressed entities. It aims to protect the interests of creditors, promote transparency, and enhance credit availability in the economy.