Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Holman Webb
A director may claim safe harbour protection, following a course of action reasonably likely to lead to a better outcome.
Cooper Grace Ward
Directors will need to carefully demonstrate compliance with the new obligations to gain benefit of the safe harbour.
Mayer Brown JSM
In a first in Hong Kong, the Companies Court has recently sanctioned a creditors' scheme of arrangement proposed by a Bermuda-incorporated...
S.S. Rana & Co. Advocates
The Government has been consistently working towards refining and improving the new legal regime being set forth under the IBC.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India (hereinafter referred to as the "IBBI") has constituted the Insolvency law Committee vide notification no. 35/14/2017 dated November 16, 2017.
Clyde & Co
The Insolvency and Bankruptcy Board of India ("IBBI") had notified the IBBI (Information Utilities) Regulations, 2017 on March 31, 2017.
LexCounsel Law Offices
Massive expansion and investments, primarily funded through bank loans (despite a weak promoters' equity base), has given rise to companies which have overleveraged their balance sheets.
Khaitan & Co
The partly liberalized Indian economy has been aptly referred to in the Economic Survey of India 2015-16 as one that had transitioned from ‘socialism with limited entry to "marketism" without exit.
Singh & Associates
Question: What will be the status of a scheme of compromise or arrangement initiated under section 230 of the Companies Act, 2013 if the Corporate Insolvency Resolution ("CIR")...
Singh & Associates
The Insolvency and Bankruptcy Code, 2016 (hereinafter to be referred as the "Code") is a beneficial legislation which has been enacted with the aim of having a well structured and ...
Nishith Desai Associates
The Insolvency and Bankruptcy Code, 2016 ("Bankruptcy Code") has proved to be a game-changer for corporate India and has witnessed several key amendments sparked by inputs received from market ...
S.S. Rana & Co. Advocates
Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as "IBC") has been introduced by the Government of India in 2016, as an Act to consolidate and amend the laws relating to reorganization...
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India amended regulations regarding Corporate Insolvency Resolution Process wherein it has stated that the resolution plans with respect to Section 30...
S.S. Rana & Co. Advocates
The resolution plan should come from resolution professional or any person, who can really rescue the insolvent business
Tuli & Co
The Financial Resolution and Deposit Insurance Bill 2017 (Bill), which has been referred to a Joint Parliamentary Committee of both the Houses (Joint Committee) in early October 2017, has recently attracted much attention.
Khaitan & Co
The Amendments have put the onus on the Committee of Creditors to approve resolution plans which are viable and made by credible applicants to ensure that the resolution process protects and preserves the value of viable assets...
Nishith Desai Associates
The NCLAT has recently ruled that even if one were to apply the Limitation Act, 1963 to the Insolvency & Bankruptcy Code, 2016, the limitation period for initiating proceedings...
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
Dhir & Dhir Associates
Moratorium under section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC), means a period when no judicial proceedings for recovery...
Dhir & Dhir Associates
In 2016, the Government enacted the Insolvency & Bankruptcy Code, 2016 (IBC), which came as a rescue for the snail-paced debt recovery regime and provided a consolidated legal framework...
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Holding Redlich
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Worrells Solvency & Forensic Accountants
This is a summary of the rights of directors and creditors to access books and records of a company in liquidation.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Distribution was the next step after one of the most complex and biggest administrations in Australian corporate history.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Ten Group creditors have voted overwhelmingly to accept an offer by CBS that pays 100 cents in the $ to most creditors.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
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