NCLT Current Affairs - 2020

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DHFL becomes 1st financial services firm to be taken to NCLT

The Reserve Bank of India (RBI) has referred Dewan Housing Finance Corp. Ltd (DHFL) to the National Company Law Tribunal (NCLT) for insolvency proceedings, making it the first financial services player to go NCLT for a possible debt resolution. DHFL has a debt of Rrs.83,873 crore. As per the statutory inspection of DHFL conducted by the National Housing Bank, the DHFL showed a serious deterioration in its finances. It had public deposits of Rs.6,188 crore as on 6 July 2019, down from Rs.10,166.72 crore as on 31 March 2018.

Key Highlights

RBI has filed an application for initiation of corporate insolvency resolution process against DHFL under Section 227 of Insolvency and Bankruptcy Code (IBC), 2016 read with Rules 5 and 6 of Insolvency and Bankruptcy Rules, 2019.

R. Subramaniakumar, the RBI-appointed administrator for DHFL, will take over lender’s affairs once his appointment is approved by National Company Law Tribunal (NCLT).

New Powers Granted to RBI

DHFL is first financial services firm to be sent to bankruptcy tribunal after government notified the rules for referring financial services providers (FSPs) on 15 November 2019. Thereby now, unlike insolvency proceedings for companies from other sectors, a Financial Services Providers (FSPs) creditor/debtor cannot approach tribunal- the firm has to be referred by a regulator.

Under new powers granted to RBI in Union budget, the central bank can take over administration of privately-held financial services companies. Moreover, RBI can also remove auditors, call for an audit of any group company, and have a say on compensation of top management of an Non-Banking Financial Companies (NBFCs). As per new FSP insolvency rules, an interim moratorium will start from the date of filing of application till its admission/ rejection.

Way Forward:  Most likely this model will be followed for other NBFC as well because currently there is a lot of discussion about other NBFCs not being in a position to meet their debt servicing obligations. This could also be a used as a tool for RBI to ensure timely resolution for large NBFCs with significant public investments.

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Committee on Companies Act, 2013 submits its report to Finance Ministry

Ministry of Finance and Corporate Affairs constituted the Company Law Committee in September 2019. The Committee submitted its report to the Finance Minister on November 18, 2019.

Objective of the Committee

The Committee was constituted to decriminalize the Companies Act, 2013. This is being done to provide Ease of Living for Corporate in the country.

Recommendations of the Committee

  • The committee has recommended amendments to 46 penal provisions associated with the law. The amendments are either to remove criminality or to allow rectification through alternate methods or to restrict punishment only to fine. Bottom line, the committee suggests to lenient punishments mentiones in the law
  • The Committee has recommended to provide further easing of living for law abiding corporate.
  • It also insisted on wider consultations during following decisions by the Ministry of finance
    • Permitting appeals in NCLT against the orders of Regional Directors
    • To review provisions on disqualification of directors
    • Reviewing provisions that debars audit firms.

Significance

With World Institutions decelerating growth rates of India, every step towards the financial flow in the country is important. Though India is an agricultural Economy, majority of the contribution towards its GDP is from the service sector. Therefore, it becomes important to provide Ease of Living for the corporates to boost the growth rate.

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