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IBC Amendment: More clarity, less reform, focuses on incremental fixes
M S Sahoo Mumbai
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The IBC Amendment Bill uses the phrase 'it is hereby clarified' 17 times. One such clarification restores the original trigger for initiating corporate insolvency resolution: Admission if a default exists, rejection if it does not, and no other grounds. This undoes Vidarbha Industries (2022) and reaffirms what the Bankruptcy Law Reforms Committee, the original notes on clauses, and Innoventive Industries (2017) had already settled.
Another restores the original liquidation waterfall by overturning Rainbow Papers (2022), which had put government dues under the Gujarat Value Added Tax Act, 2003, at the same level as secured creditors. The Bill makes it clear
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Economic Times
a day ago
- Economic Times
IBC amendment seeks to end legal confusion and discretionary power
ANI IBC Amendment Bill 2025, has provisions for faster and efficient resolution of insolvency cases New Delhi: Various Supreme Court judgments in recent years have played their part in influencing the amendment to the Insolvency and Bankruptcy Code (IBC) proposed last week, as the government seeks to remove any legal ambiguity from the extant legislation, experts said. As per the proposed amendment, only the proof of default would be enough to admit an insolvency case. This would curb the discretionary power of the adjudicating authority in delving into other issues while deciding whether to admit a case. In the Vidarbha Industries Power versus Axis Bank case in 2022, the apex court had stated that section 7 of the IBC provides discretionary power to the National Company Law Tribunal (NCLT) to accept or reject an insolvency application, and that it can also consider relevant issues other than just default while doing so. The IBC amendment was introduced in the Lok Sabha last week and referred to a select committee. Anoop Rawat, national practice head (insolvency and restructuring practice) at Shardul Amarchand Mangaldas, said, "By clarifying that only default is required for admission into insolvency under section 7, prescribing timelines for the NCLT for admission of insolvency and approval of resolution plans, clarifying the definition of security interest (in aftermath of SC judgment in Rainbow Papers), and laying down the procedure for settlement proposals under Section 12A (in light of the SC judgment in Byju's), the amendment bill intends to remove ambiguities marring the IBC today." In the state tax officer versus Rainbow Papers case in 2023, the Supreme Court relied on the Gujarat VAT Act and held that the state tax department was a secured creditor. Experts had then said it was against the IBC intent and sought clarity on the status of government latest amendment clarified that government dues come lower in the priority order under the IBC's waterfall mechanism than those of secured secured creditor status will be recognised only if there are commercial agreements between the parties to this effect, it the latest amendment made it clear that once an insolvency case is admitted, the case can't be withdrawn by parties until the constitution of the committee of creditors (CoC). This is in sync with the Supreme Court verdict in a case involving Byju's parent Think and Learn and the Board of Control for Cricket in India (BCCI).
Time of India
a day ago
- Time of India
IBC amendment seeks to end legal confusion and discretionary power
New Delhi: Various Supreme Court judgments in recent years have played their part in influencing the amendment to the Insolvency and Bankruptcy Code (IBC) proposed last week, as the government seeks to remove any legal ambiguity from the extant legislation, experts said. As per the proposed amendment, only the proof of default would be enough to admit an insolvency case. This would curb the discretionary power of the adjudicating authority in delving into other issues while deciding whether to admit a case. In the Vidarbha Industries Power versus Axis Bank case in 2022, the apex court had stated that section 7 of the IBC provides discretionary power to the National Company Law Tribunal ( NCLT ) to accept or reject an insolvency application, and that it can also consider relevant issues other than just default while doing so. The IBC amendment was introduced in the Lok Sabha last week and referred to a select committee. Anoop Rawat, national practice head (insolvency and restructuring practice) at Shardul Amarchand Mangaldas , said, "By clarifying that only default is required for admission into insolvency under section 7, prescribing timelines for the NCLT for admission of insolvency and approval of resolution plans, clarifying the definition of security interest (in aftermath of SC judgment in Rainbow Papers), and laying down the procedure for settlement proposals under Section 12A (in light of the SC judgment in Byju's), the amendment bill intends to remove ambiguities marring the IBC today." In the state tax officer versus Rainbow Papers case in 2023, the Supreme Court relied on the Gujarat VAT Act and held that the state tax department was a secured creditor . Experts had then said it was against the IBC intent and sought clarity on the status of government dues. The latest amendment clarified that government dues come lower in the priority order under the IBC's waterfall mechanism than those of secured creditors. The secured creditor status will be recognised only if there are commercial agreements between the parties to this effect, it clarified. Similarly, the latest amendment made it clear that once an insolvency case is admitted, the case can't be withdrawn by parties until the constitution of the committee of creditors (CoC). This is in sync with the Supreme Court verdict in a case involving Byju's parent Think and Learn and the Board of Control for Cricket in India (BCCI).
Mint
2 days ago
- Mint
IBC reforms will benefit distressed real estate projects, experts say
Bengaluru/New Delhi: The proposed revamp of the Insolvency and Bankruptcy Code (IBC) will increase the chances of a revival for real estate projects undergoing insolvency proceedings by discouraging litigation from dissenting creditors, providing greater flexibility to dispose assets, and offering more freedom to strike quick deals with potential investors, several experts told Mint. The overhauled IBC will also give property developers greater access to capital and lower funding costs, and help reduce project delays with a creditor-led, out-of-court insolvency route, they said. Tweaking incentives The IBC Amendment Bill proposes an ingenious way to encourage creditors to choose a restructuring plan that benefits homebuyers over liquidation. It does so by introducing a new benchmark to decide the payout for dissenting creditors. Banks that don't back a restructuring plan will receive the lesser of the following two – their liquidation entitlement, or what they would have received if, hypothetically, the resolution plan value was disbursed based on the "waterfall mechanism" for distributing proceeds under the IBC. Banks that don't back a restructuring plan will be paid less than their liquidation entitlement or what they would have received if, hypothetically, the resolution plan value was disbursed based on the "waterfall mechanism" for distributing proceeds under the IBC. This is expected to discourage banks from blocking resolution plans that benefit homebuyers and insisting on their liquidation entitlement, experts said. Anoop Rawat, national practice head (insolvency and restructuring) at law firm Shardul Amarchand Mangaldas & Co, said the dissenting payout provision appears to remove the motivation to dissent on the basis of a higher liquidation value. 'While the liquidation value (LV) assurance is a globally recognised principle, LV assurance under the code is frequently used for recovery-based decision-making, which adversely impacts successful resolution. The new provision will be of help for real estate projects where the high LV motivates dissentbysecuredfinancial creditors," he said. Project-wise resolution The proposed amendments also allow the administrator of the company, hired by lenders, to sell individual assets when required. This enables project-wise resolution while ring-fencing other viable projects from insolvency proceedings. The proposed creditor-initiated debt resolution scheme allows existing management to continue to run the operations under the oversight of administrator while new investors, shareholders and lenders explore informal restructuring measures. Experts also said flexible settlement terms could attract a wider pool of investors and boosting valuations. The ability to restructure debt more efficiently would improve cash flow for stressed real estate firms, they added. 'The real estate sector attracts a lot of private and foreign credit. With the proposed reforms in IBC, credit will be more accessible," said Ashwin Bishnoi, partner at law firm Khaitan & Co. IBC cases have dragged on in recent years owing to a growing number of cases and limited bandwidth of courts, and the overhaul makes clear the government's intent to speed up the process, he said. 'This is good news for both homebuyers and lenders, and will give more settlement also means that the company doesn't go into insolvency and the business can continue under supervision. This can prevent further delays in such cases," Bishnoi added. Streamlining insolvency The government has taken a series of steps of late to make IBC more effective. In February, the Insolvency and Bankruptcy Board of India (IBBI), the rule maker for the sector, made amendments to streamline the corporate insolvency resolution process with a special focus on real estate projects. For instance, the resolution professional can, after obtaining necessary approvals, hand over possession of plots, apartments or buildings to homebuyers even during an ongoing resolution process. The latest IBC reforms will make things even easier for the sector, experts said.A creditor-led insolvency process could speed up resolutions, especially in real estate, they said, reducing the time lost to litigation. 'A quick and predictable process will not only protect brand credibility but also attract more private credit to help complete stuck projects efficiently and provide viable solutions to all stakeholders including homebuyers," said Dinkar Venkatasubramanian,partner and national debt and special situations leader, EY India. 'The bill also has a number of amendments that can help fast-track resolutions and optimise outcomes, including mandatory admission within 14 days, clarity of creditor dues and flexibility to opt for group insolvency or project insolvency," he added.
