Understanding the Insolvency and Bankruptcy Code
The Insolvency and Bankruptcy Code, 2016, popularly known as the IBC, is a comprehensive legislation that consolidates and amends the laws relating to insolvency and bankruptcy in India. The code applies to both corporate
entities and individuals, aiming to promote a time-bound and efficient resolution process for stressed assets.
Objective of the IBC
The primary objective of the IBC is to promote entrepreneurship, protect the interests of creditors, and ensure the maximization of the value of assets through an effective insolvency resolution and bankruptcy process.
By streamlining the insolvency proceedings, the IBC seeks to reduce the burden on the courts, expedite cases, and enhance the ease of doing business in the country.
Key Features of the IBC
Insolvency Resolution Process: The IBC introduced a corporate insolvency resolution process (CIRP) for distressed companies. It allows creditors or the debtor to initiate the resolution process by approaching
the National Company Law Tribunal (NCLT). The NCLT appoints an insolvency professional to manage the affairs of the company during the resolution period.
Time-Bound Process: One of the most significant features of the IBC is its time-bound nature. The entire insolvency resolution process must be completed within 330 days, including litigation and appeals.
Moratorium Period: When the insolvency resolution process begins, a moratorium is imposed on the debtor's assets. This prevents creditors from initiating or continuing any legal action against the company
during the resolution period, providing a breathing space for the resolution process to take place.
Liquidation: If the insolvency resolution is unsuccessful, the company proceeds to liquidation. In this stage, the assets of the company are sold, and the proceeds are distributed among the creditors
according to the priority laid down in the IBC.
Impacts of the IBC on the Indian Economy
Boost to Credit Culture: With the IBC in place, creditors now have a stronger legal framework to rely on. The fear of prolonged recovery processes has reduced, leading to improved credit discipline
among borrowers.
Foreign Investment: The IBC has been a significant catalyst in attracting foreign investment to India. International investors now have more confidence in the Indian market due to the transparent and
efficient resolution process offered by the IBC.
Reduced NPA Burden: The IBC has helped financial institutions in tackling their mounting Non-Performing Assets (NPAs). The quick resolution process ensures that stressed assets are either resolved or
liquidated promptly, preventing further deterioration of their value.
Improved Business Environment: The IBC has contributed to India's ease of doing business rankings by the World Bank. A well-defined insolvency resolution mechanism encourages entrepreneurship and investment,
leading to a more business-friendly environment.
Challenges and the Way Forward
While the IBC has brought about a remarkable change in India's insolvency and bankruptcy landscape, certain challenges persist. The process of resolution often faces delays due to a high number of cases, capacity constraints,
and prolonged litigation. The need for specialized insolvency professionals and continuous training to handle complex cases is also a concern.
In conclusion, the Insolvency and Bankruptcy Code has been a game-changer for India's economic restructuring. It has transformed the insolvency landscape, encouraged entrepreneurship, and instilled confidence in creditors
and investors. Despite some challenges, the IBC remains a critical instrument in reshaping India's business environment and ensuring a more robust and efficient insolvency resolution process for years to come.
