Insolvency and Bankruptcy Code Current Affairs

Insolvency and Bankruptcy Board of India inks MoU with RBI

The Insolvency and Bankruptcy Board of India (IBBI) signed Memorandum of Understanding (MoU) with Reserve Bank of India (RBI) for increased cooperation in effective implementation of insolvency law. The MoU was singed at time when authorities are working on ways to address huge amount of non-performing assets (NPAs) in banking sector.

Key Facts

The MoU provides for sharing of information, subject to limitations imposed by applicable laws and sharing of resources available with each other to extent feasible and legally permissible. It calls for periodic meetings to discuss matters of mutual interest, including regulatory requirements that impact IBBI and RBI’s responsibilities, enforcement cases, research and data analysis, information technology and data sharing.

It also provides for cross-training of staff in order to enhance each party’s understanding of other’s mission for effective utilisation of collective resources. It will help in capacity building of insolvency professionals and financial creditors. It calls for joint efforts between IBBI and RBI for enhancing level of awareness among financial creditors about importance and necessity of swift insolvency resolution process of various types of borrowers in distress under provisions of Insolvency Code, etc.

Insolvency and Bankruptcy Code, 2016 (Code)

The Code provides for reorganisation and time -bound and market-determine insolvency resolution of corporate persons, partnership firms and individuals for maximization of value of assets. The IBBI exercises regulatory oversight over Insolvency Professionals, Insolvency Professional Agencies and Information Utilities. It frames and enforces rules for processes such as corporate insolvency resolution, individual insolvency resolution, corporate liquidation and individual bankruptcy under Code.

Background

Both RBI and IBBI are interested in effective implementation of Code and its allied rules and regulations, through quick and efficient resolution process. Therefore, they agreed to sign MoU to assist and co-operate with each other for effective implementation of Code.

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Government notifies the Companies (Amendment) Act, 2017

The Ministry of Corporate Affairs has notified the Companies (Amendment) Act, 2017. The Amendment Act amended some provisions of Companies Act, 2013.

Few provisions in the Amendment Act have important bearing on the working of the Insolvency and Bankruptcy Code (IBC), 2016. They will come into force on date as Government notify in Official Gazette. It aims to help in simplifying procedures, make compliance easy and take stringent action against defaulting companies.

Key Facts

Issuance of shares at a discount: It was prohibited by Section 53 of the Act. The Amendment Act allows companies to issue shares at discount to its creditors when its debt is converted into shares in pursuance of any statutory resolution plan such as resolution plan under IBC or debt restructuring scheme.

Payment of managerial remuneration in excess: It was required for company in general meeting for payment of managerial remuneration in excess of 11% of net profits as per Section 197 of parent Act. The Amendment Act now requires company which has defaulted in payment of dues, prior approval of bank or public financial institution concerned or non-convertible debenture holders or other secured creditor. For such payment of managerial remuneration shall be obtained by company before obtaining approval in general meeting.

Prohibition of registered valuer from undertaking valuation of any assets: Section 247 of Companies Act, 2013 them of any assets in which they have direct or indirect interest or becomes so interested at any time during or after valuation of assets. The Amendment Act now prohibits registered valuer to be appointment as valuer or three years after valuation of assets was conducted by him.

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