Understanding of Insolvency and Bankruptcy Laws
What you'll learn
- 1. Understand the historical and emerging aspects of insolvency process in India.
- 2. Understanding of the various institutions established under the Code.
- 3. Comprehend the basics of corporate insolvency resolution process under the Code. Functions of Adjudicating Authority, Interim Resolution professional, Res
- 4. Recognize the concept of Fast Track Process, categories of corporate debtors who can initiate this process and the process involved.
Requirements
- Basic understanding of Corporate Laws
Description
The Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016 includes provision for determination of sickness, application for revival, appointment of interim/Company administrator, time bound revival process and if revival not possible, liquidation process through single regulator ‘National Company Law Tribunal’.
The Companies Act, 2013 provides for regulation of insolvency, including revival, winding-up and liquidation of companies in time bound manner. It incorporates international best practices based on models suggested by the United Nations Commission on International Trade Law (UNCITRAL). The powers and jurisdiction of Company Law Board, Board of Industrial and Financial Reconstruction and High Court in this regard, is being exercised by National Company Law Tribunal and Appellate Tribunal. The purpose of creation of the Tribunal is to avoid multiplicity of litigation before various courts or quasi-judicial bodies or forums regarding revival or rehabilitation or merger and amalgamation, and winding up of companies.
The objective of the Insolvency and Bankruptcy Code is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner. An effective legal framework for timely resolution of insolvency and bankruptcy will not only encourage entrepreneurship but will also improve Ease of Doing Business, and facilitate more investments leading to higher economic growth and development.
The Insolvency and Bankruptcy Code, 2016 consolidates the existing framework by creating a single law for insolvency and bankruptcy. The Code applies to companies, partnerships, limited liability partnerships, individuals and any other body which the central government may specify.
Who this course is for:
- Lawyers, practitioners, Law students, academicians
Instructors
- 3.8 Instructor Rating
- 95 Reviews
- 1,122 Students
- 3 Courses
A versatile and passionate academic professional with over 16 years of teaching and Industry experience. Dr. Komal is PhD in Corporate Law, she is also the author of a comprehensive text-book, “Law related to Mergers and acquisitions” (Thomson and Reuters) and edited book named ‘Contours of Real Estate Laws’ besides being a dedicated teacher and mentor in the discipline.
- 3.0 Instructor Rating
- 27 Reviews
- 913 Students
- 1 Course
A passionate legal practitioner having experience of Corporate Laws and because of her eagerness in learning. She is pursuing PhD in the field of law and her interest of areas is Insolvency and Bankruptcy Laws, where she is trying to dilute the concepts of Corporate Insolvency Resolution Process.
She has published two Research Papers, in Scopus Indexed and UGC Care .