The amendments, notified on February 3 and effective immediately, aim to enhance efficiency in insolvency proceedings, particularly for real estate projects.
Speaking at the eighth annual day of the IBBI, Nageswaran said, "The next step for IBC reform is to improve operational efficiencies, to speed up the resolution process..."
The recoveries under IBC stand at 31-32 percent of the admitted claims
The amendments include expanding the pre-pack insolvency framework to larger companies, group insolvency, time-bound admission process, etc. Public comments on the proposed amendments were sought in January 2023.
Secretary of the Department of Financial Services, Vivek Joshi, asked banks to move forward in declaring defaults, so that companies can move towards the resolution process.
The aim of these amendments if to speed up the process of admission and resolution. Grant of claims is currently anywhere between 29 and 35 percent. The amendments hope to increase this to at least 50 percent.
Sharma said some lacunae, like the CoC comprising only financial creditors, still need to be addressed as it reduces operational creditors to being silent spectators in the entire CIRP.
The proposed changes IBC will allow more targeted and efficient resolution of financially distressed real-estate companies. By allowing proceedings only against specific projects that have defaulted, the potential disruption to the company's operations could be minimised.
Last year the National Company Law Tribunal (NCLT) approved the maximum number of resolution plans, 180, and recovery was 36 per cent, Ravi Mittal said, adding that the average recovery was 32 per cent over the last 6-7 years.
The NCLT, however, directed them to file this in the form of a reply and adjourned the case to August 25. On July 31, Go First said it has to refund Rs 597 crore to 15.5 lakh passengers since its grounding on May 3
Some1,448 liquidation processes are still underway, according to the Insolvency and Bankruptcy Board of India (IBBI).
Creditors, or banks, need to submit insolvency applications soon after a default occurs, says Insolvency and Bankruptcy Board of India chairperson Ravi Mital. Delays on this front lead to erosion in the value of assets, he says
Insolvency professionals are getting longer suspension orders and stiffer fines for violations such as rushing to liquidation and including related entities on committees of creditors
Strict timelines prescribed under the code, multiplicity of cases and lesser number of tribunals have increased the backlog of cases
IBBI has proposed that the resolution professional and CoC can explore resolutions of part of the assets or businesses by allowing the submission of different resolution plans for them
The board has proposed several new guidelines with an aim to provide a better monitoring framework of the process and prescribe a timeline for auction of assets
The step is expected to be helpful with solving complexities of running a large business, and with evolving companies as the distressed asset market in India matures
Indian lenders are left with no choice except liquidation of stressed assets under the bankruptcy code, thanks to a mismatch between the quoted value of the asset and the bid price, experts said.
IAS Ravi Mittal will take over from MS Sahoo, who retired on September 30 after a five-year tenure.
The sub-committee reviewed the major developments in the global and domestic economy as well as in various segments of the financial system and discussed the assessments of members about the scenario emerging from the third wave of the pandemic.
The working group has identified six layers of outcomes of IBC regime based on efficiency, effectiveness and efficacy of the code.
The details came into the public domain "inadvertently" as the regulator is working on a beta project to host the information of creditors of companies undergoing Corporate Insolvency Resolution Process (CIRP) and liquidation.
According to the IBBI chief, the Code has rescued 70 per cent of distressed assets through insolvency resolution plans and has released remaining 30 per cent of such assets through liquidations.
Against the backdrop of the 21-day lockdown to curb spreading of coronavirus infections, the Insolvency and Bankruptcy Board of India (IBBI) has amended certain regulations.
The headline numbers suggest that recovery rates have been very good but a drill down shows it’s not all rosy