There are several grounds on which a company may be wound up in India. The two major laws governing winding up of a company are the Insolvency and Bankruptcy Code (IBC), 2016 and the Companies Act, 2013. In this blog, we’ll be looking at the grounds which are covered for winding up of a company […]
If you are a homebuyer in real estate, it is important to understand the “Buy-Back / Surrender” Arrangement under Corporate Insolvency Resolution Process. In the case of a Corporate Insolvency Resolution Process (CIRP) of a real estate entity, there could be a particular category of homebuyers who may have entered into an arrangement with the developer/promoter […]
If you are a homebuyer in real estate, it is important to understand the admissibility of the delay penalty/delay compensation under Corporate Insolvency Resolution Process. In the case of a Corporate Insolvency Resolution Process (CIRP) of a real estate entity, there could be a provision/clause in the ‘Builder Buyer Agreement’ or ‘Apartment Buyer Agreement,’ by whatever name […]
Introduction The insolvency and Bankruptcy Code, 2016 is one of the major laws under which the winding up or voluntary liquidation of corporate persons may occur. Liquidation or Voluntary winding up of the company under IBC occurs when all the company’s board members mutually agree not to continue the business and dissolve the company of […]
Previously, the winding up was dealt with under the Companies Act, 1956 / the Companies Act, 2013. Thereafter, Insolvency and Bankruptcy Code was enacted in the year 2016 which came up with a new process namely the Corporate Insolvency Resolution Process (CIRP). CIRP aims to resolve the defaulting companies in a time-bound manner and maintain the […]
In India, there are two ways in which a company may be liquidated: Compulsory and Voluntary. Voluntary liquidation under IBC, 2016 allows corporate entities to liquidate themselves at will. Voluntary Liquidation provided under IBC, 2016, is a quick, efficient, a prescribed timely process which ensures that the assets of the Corporate Persons does not lose its value and […]
With respect to the unique nature of their businesses and simpler corporate structures, the Indian Government has considered it necessary to introduce an insolvency resolution process for MSME (Micro, Small, and Medium Enterprises). In the pandemic, the government suspended the filing of applications for initiation of corporate insolvency resolution process in respect of the defaults […]
Real Estate is one of the major sectors which has been deeply impacted by the COVID-19 pandemic and the consequent lockdown to contain it. The sector which was already seeing a lull period got hit by a ‘perfect storm’ of Coronavirus. If your company is seeing liquidity issues and cash flow mismatches and you are […]
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