Insolvency & Restructuring
INDUSLAW's Insolvency & Restructuring group advises creditors, debtors, guarantors, directors, insolvency professionals, resolution applicants and trustees in relation to the restructuring, liquidation and winding up of businesses under the Indian Insolvency & Bankruptcy Code, with one of our partner's being a qualified insolvency resolution professional.
In particular, our team advises on:
- The provisions and processes under the insolvency & Bankruptcy Code
- Rights and obligations during the moratorium period and the insolvency resolution process
- The preparation of the expression of interest for the insolvency resolution process
- The legal due diligence of corporate debtors
- The negotiation, preparation and finalisation of restructuring plans
- Potential asset recoveries and claw back
- Implementing restructuring plans through strategic sales, slump sales, demergers and auctions
- Compliance of any restructuring with applicable law, including the Competition Act, SEBI Regulations and the Foreign Exchange Management Act
- The implementation of insolvent liquidations and voluntary winding-ups
- Cross border insolvency, in particular, in the context of the UNCITRAL Model Law on Cross Border Insolvency
- Asset freezing overseas and injunctions against parallel proceedings during the moratorium period.
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publications
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
INSOLVENCY AND BANKRUPTCY CODE, 2016: A CRITICAL...
It's no secret that the Indian banking industry has a rather large number of loans outstanding that have simply gone wrong. With non-performing loans estimated...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
THE INSOLVENCY AND BANKRUPTCY CODE, 2016
The Insolvency and Bankruptcy Code, 2016 (the “Codeâ€Â) passed by the Lok Sabha on 5th May, 2016[1] seeks to provide a framework for time-bound settlement...
Corporate & CommercialGovernment & RegulatoryInsolvency & Restructuring & Banking & Finance
THE INSOLVENCY & BANKRUPCY CODE (AMENDMENT) ACT:...
Earlier in January, the Insolvency and Bankruptcy Code (Amendment) Act (the "Amendment Act") came into force amending the Bankruptcy and Insolvency Code, 2016 (the "Code"),...
International Practice GroupInsolvency & Restructuring & Banking & Finance
CROSS BORDER INSOLVENCY: KEY ISSUES
Cross border insolvency inevitably boils down to a scramble for assets, leaving creditors confused about the options available to them. INDUSLAW were delighted...
Corporate & CommercialCapital Markets & International OfferingsInsolvency & Restructuring & Banking & Finance
SEBI AMENDS DELISTING AND TAKEOVER REGULATIONS TO...
The regulator of Indian securities market, the Securities and Exchange Board of India ('SEBI') on May 31, 2018, notified amendments to the SEBI (Substantial Acquisition...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
ORDINANCE AMENDS INSOLVENCY & BANKRUPTCY CODE
The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (the 'Ordinance') on 6 June 2018 to amend the Insolvency and Bankruptcy...
Corporate & CommercialInternational LawInsolvency & Restructuring & Banking & Finance
INDIA'S PROPOSED CROSS BORDER INSOLVENCY REGIME: WILL...
The Insolvency & Bankruptcy Code currently has no clear framework for cross border insolvency. That's about to change, with the Ministry of Corporate Affairs recently...
Corporate & CommercialLitigation & Dispute ResolutionInsolvency & Restructuring & Banking & Finance
THE ESSAR INSOLVENCY CASE: SUPREME COURT UNRAVELS...
Earlier this month, the Supreme Court of India passed a judgment concerning the eligibility of resolution applicants for Essar Steel India Limited. INDUSLAW's...
Litigation & Dispute ResolutionInsolvency & Restructuring & Corporate & Commercial
Supreme Court upholds equitable value maximisation under...
The Supreme Court of India recently dismissed an appeal by a competing resolution applicant, asserting that the acceptance of UltraTech's recent resolution plan to acquire...
Corporate & CommercialEmployment LawTechnology, Media & TelecommunicationsGovernment & RegulatoryInsolvency & Restructuring & Banking & Finance
Key Legal Developments 2018
During 2018, our lawyers shared their thoughts on a number of major legal developments impacting the Indian economy, spanning a wide arc from data usage...
Litigation & Dispute Resolution & Insolvency & Restructuring
SWISS RIBBONS AND ITS IMPLICATIONS
The recent Supreme Court judgement in Swiss Ribbons, upholding the constitutionality of the Insolvency & Bankruptcy Code, has considerable implications for resolution applicants and promoters....
Government & RegulatoryInsolvency & Restructuring & Corporate & Commercial
Amendments to the IBBI (Insolvency Resolution Process...
The Insolvency and Bankruptcy Board of India has notified amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and the IBBI (Liquidation...
Litigation & Dispute Resolution & Insolvency & Restructuring
A STORM IS BREWING: THE INSOLVENCY OF...
The Insolvency and Bankruptcy Code, 2016 (the 'Code') has faced a barrage of amendments and course correction from both the judiciary as well as the...
Government & RegulatoryInsolvency & Restructuring & Corporate & Commercial
AMENDMENT TO THE LIQUIDATION PROCESS: TIGHTENING OF...
On January 6, 2020, the Insolvency and Bankruptcy Board of India (the 'IBBI') notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations,...
Corporate & CommercialInsolvency & Restructuring & Banking & Finance
RBI REGULATORY PACKAGE FORCOVID-19| FREQUENTLY ASKED QUESTIONS
On March 27, 2020, to mitigate the impact of COVID-19 on the financial market, the RBI announced a regulatory package, through which it allowed a...
Litigation & Dispute Resolution & Insolvency & Restructuring
THE WAR OF LAWS OF INSOLVENCY AND...
With the advent of consolidation and enactment of laws on insolvency and admiralty, the issue of conflict between the two laws has arisen where the...
Insolvency & Restructuring
Infolex Article | IBC Ordinance - In...
What started as a health crisis has transformed rapidly into a pitched battle between lives and livelihoods. The Organization for Economic Cooperation and Development apprehends...
Litigation & Dispute Resolution & Insolvency & Restructuring
Infolex Article | The Impartiality Conundrum: A...
While the Resolution Professional acclimatizes itself in the evolving insolvency regime in India, the issues pertaining to impartiality become relevant. INDUSLAW’s Sushmita Gandhi,...
Government & RegulatoryInsolvency & Restructuring & Litigation & Dispute Resolution
NUANCES UNDER THE INSOLVENCY AND BANKRUPTCY CODE,...
The Insolvency and Bankruptcy Code, 2016 (“Codeâ€) seeks to consolidate the existing legal framework for debt recovery in India. The Code is an all-encompassing law...
