India's bankruptcy process set for major revamp: IBBI wants commercial prudence, more transparency
Subscribe to enjoy similar stories. NEW DELHI: The viability of businesses entering bankruptcy proceedings should be tested in the first month before they’re allowed to operate as going concerns, the Insolvency and Bankruptcy Board of India (IBBI) has proposed in a set of new draft regulations.
Interim resolution professionals acting on behalf of lenders should limit the operations of such companies to the minimum and ensure they are not mechanically run as a going concern in the first 30 days of bankruptcy proceedings when the panel of creditors is being set up. Once the panel of creditors is formed, the resolution professional should submit a ‘going concern assessment’ about the viability of the distressed business at its first meeting so that unviable ones are not sustained with unjustifiable costs, the IBBI proposed in amendments to corporate debt resolution regulations.
The regulator also proposed allowing delayed claims by creditors, exclusion of related-party operational creditors and a requirement for creditor committees to maintain detailed records of their deliberations to enhance transparency. The draft regulations were released late on Monday and are open for public feedback and suggestions till 10 March.
“Based on feedback received from stakeholders and issues observed during the conduct of corporate insolvency resolution processes, the Board has identified certain areas where greater procedural clarity is required to avoid inconsistencies, disputes, escalation of costs, or sub-optimal value outcomes," it said in the discussion paper. “The proposed amendments are intended to strengthen creditor oversight, improve procedural discipline, and reinforce value maximization." The IBBI suggested that delayed claims
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