Insolvency and Bankruptcy Code 2016 Current Affairs - 2019
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As per a written reply given by Union Finance Minister Smt. Nirmala Sitharaman in Lok Sabha, the number of wilful defaulters in nationalised banks has increased by more than 60% to 8,582 in five years to March 2019.
The Finance Minister provided the written reply in Lok Sabha to a question asked that whether the cases of willful defaulters of banks have increased during the past five years.
Wilful Defaulter is an entity or a person that has not paid the loan taken back to the bank despite having the ability to repay it. Wilful defaulters are acted against comprehensively.
Data Provided by Government:
By end of fiscal year 2014-15, the figure of wilful defaulters in nationalised banks stood at 5,349, and since then the number of such borrowers has been consistently rising- with being 6,575 (2015-16), 7,079 (2016-17), 7,535 (2017-18) and now increased to 8,582 in 2018-2019 fiscal.
During the last 5 financial years about ₹7,654 crore has been recovered from wilful defaulters’ accounts.
Steps Taken By Government
As per data reported by 17 nationalised banks in India, till 31 March 2019, suits for recovery have been filed in 8,121 cases out of 8,582.
SARFAESI Act: In cases involving secured assets, action under provisions of SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002) has been initiated in 6,251 cases.
RBI Instructions: As per the instructions provided by Reserve Bank of India (RBI), wilful defaulters are not sanctioned any additional facilities by banks/financial institutions, their unit is debarred from floating new ventures for 5 year and even criminal proceedings are initiated wherever necessary. In accordance with this FIRs have been registered in 2,915 cases.
SEBI Regulations: Besides, vide Securities and Exchange Board of India (SEBI) regulations, wilful defaulters and companies who has with wilful defaulters as either promoters or directors have been debarred from accessing capital markets to raise funds.
IBC 2016: The Insolvency and Bankruptcy Code (IBC), 2016 has debarred wilful defaulters from participating in insolvency resolution process.
FEO Act 2018: The government has enacted Fugitive Economic Offenders Act, 2018 for effective action against wilful defaulters who flee Indian jurisdiction. It provides for attachment and confiscation of property of fugitive offenders and to disentitle them from defending any civil claim.
PSBs: Government has also advised all Public Sector Banks (PSB) to decide on publishing photographs of all concerned wilful defaulters and to obtain certified copy of passport of promoters/directors and other authorised signatories of companies availing loans of over ₹50 crore. The heads of PSBs have also been empowered to request for issuance of look out circulars (LoC) against wilful defaulters.
Tags: FEO Act 2018 • Fugitive Economic Offenders Act 2018 • Insolvency and Bankruptcy Code 2016 • Look out Circulars • Nirmala Sitharaman • Public sector banks • RBI • Reserve Bank of India • SEBI • Securities and Exchange Board of India • Union Finance Minister • Wilful Defaulters
The Union Cabinet has approved the creation of six additional posts in the National Company Law Appellate Tribunal (NCLAT). The proposal involves the creation of three additional posts each for judicial members and technical members in the NCLAT. The creation of additional posts will help meet the mandate provided to NCLAT by the Finance Act 2017, the Companies Act 2013 and the Insolvency and Bankruptcy Code 2016.
National Company Law Appellate Tribunal
National Company Law Appellate Tribunal (NCLAT) was established under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal (NCLT). The current Chairperson of NCLAT is Hon’ble Justice Shri S.J. Mukhopadhaya, former Judge of the Supreme Court.
NCLAT is the Appellate Tribunal for hearing appeals against the orders passed by NCLT under the Insolvency and Bankruptcy Code, 2016 (IBC). NCLAT hears appeals against the orders passed by Insolvency and Bankruptcy Board of India.
NCLAT is also the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI) – as per the amendment brought to Section 410 of the Companies Act, 2013 by the Finance Act, 2017.