Consult Insolvency
Prior to the introduction of The Insolvency and Bankruptcy Code, 2016, the Insolvency and Bankruptcy mechanism in India was in a disintegrated state. Lack of clarity and uncertainty due to multiple legislations and non statutory guidelines had made recovery of debts and restructuring of defaulted assets a tedious process. Since the current legal and institutional framework does not aid lenders in timely recovery of their dues, it was imperative to introduce reforms in Insolvency and Bankruptcy regime to improve the current business environment in India. Drafted by a specially constituted ‘Bankruptcy Law Reforms Committee (BLRC) under the Ministry of Finance
The Insolvency and Bankruptcy Code, 2016 was passed by the Parliament on 11th May, 2016, it received Presidential assent on 28th May, 2016 and was notified in the official gazette on the same day. The Code seeks to provide greater clarity in the law and facilitate the application of consistent and coherent provisions to different stakeholders affected either by business failure or inability to pay debt and will address the challenges being faced at present for swift and effective bankruptcy and insolvency resolution, the main aim being to promote entrepreneurship, availability of credit and balance the interests of all stakeholders.
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