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Resolution Application
Navigating Corporate Restructuring in Insolvency
Corporate restructuring is a complex process that requires proper planning and continuous execution. In today’s ever-changing business world, businesses must be swift in restructuring to preserve their value. Effective corporate restructuring requires an in-depth understanding of the company’s strengths and weaknesses, as this is critical for sustainable growth. It is a difficult task to maintain […]
Complete Overview of Corporate Insolvency and Bankruptcy
Terms like bankruptcy and corporate insolvency refer to distinct situations involving the financial stability and status of individuals and body corporates. A company or a Limited Liability Partnership (LLP) is said to be insolvent if it is unable to pay its debts once they become due and the company defaults on its repayment. On the other […]
Insolvency vs Bankruptcy: Difference and Legal Framework
The term ‘bankrupt’ is derived from Italian expression ‘banca rotta’, which means ‘broken bench’. Insolvency and bankruptcy are closely related terms often used interchangeably in discussions about debt. Insolvency is a condition that applies to both individuals and organizations. If not resolved, insolvency may evolve into bankruptcy for individuals and liquidation for corporations. Let us […]
Insolvency Laws – What Is Cross-Border Insolvency?
<h1id=”overview”>An OverviewTo seek international exposure India seeks to attract foreign companies to set up manufacturing facilities in India. However, only foreign investment alone is not enough. When any company gets insolvent, India has to take all the necessary steps to protect the shareholder’s investments. Insolvency refers to a state where an organization or an individual […]
Company Liquidation Process in India Under IBC
If you are a stakeholder of a Company contemplating liquidation, it is important to understand the company liquidation process in India under IBC. <h1id=”What-Is-Company-Liquidation?”>What Is Company Liquidation? Company Liquidation is a process rather than a term. Liquidation is the procedure under which a company is wound up. Company Liquidation under IBC may be 1. Voluntary (where the […]
Treatment of Homebuyers Having “Buy-Back / Surrender” Arrangement in a Real Estate CIRP
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 […]
Delay Penalty / Delay Compensation To Homebuyers In Real Estate CIRP
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 […]
Step By Step Guide to Winding Up of the Company under IBC, 2016
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 […]
Corporate Insolvency Resolution Process under IBC
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 […]
