Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
BRI Ferrier
In order for a company under administration to continue operating, it is often necessary to arrange external funding.
Holding Redlich
The purpose of the reforms is to protect companies in financial difficulties that are undergoing genuine restructuring.
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...
Proskauer Rose LLP
Earlier this year, Hong Kong's insolvency regime turned a corner with the coming into effect of much needed amendments to its corporate insolvency statute, the Companies Ordinance.
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...
Singh & Associates
The Insolvency and Bankruptcy Code is a new legislation to manage the Insolvency resolution process for corporate persons, individuals and partnership firms.
Dhir & Dhir Associates
The Insolvency and Bankruptcy Code, 2016 (IBC), is a watershed in the history of India's banking credit culture.
Khaitan & Co
In Neelkanth Township and Construction Pvt. Ltd. v. Urban Infrastructure Trustees Ltd, the National Company Law Appellate Tribunal (NCLAT) addressed several issues with regard to the Insolvency and Bankruptcy Code, 2016 (IBC).
Singh & Associates
According to the World Bank Report of Doing Business, the insolvency resolution process in India is complex, time consuming and expensive due to presence of multiple laws.
Singh & Associates
Not so long, all the creditors, as well as the debtors were welcoming the move of the legislature in introducing the now most complicated Insolvency and Bankruptcy Code, 2016 but now everybody has realized that the code ...
Singh & Associates
The law is still crystallizing the fact as to which entities can come under the respective categories for initiation of CIRP as mentioned above.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (the "Code") was passed by the Parliament on May 5, 2016 and received the assent of the President of India on May 28, 2016.
Singh & Associates
The Insolvency and Bankruptcy Code, 2016 passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporate, individuals, partnerships and other entities.
Nishith Desai Associates
The Supreme Court of India ("Supreme Court") in Mobilox Innovations Private Limited ("Mobilox") Vs. Kirusa Software Private Limited ("Kirusa") has finally settled the issue regarding the interpretation of ‘dispute in existence' under the Insolvency and Bankruptcy Code, 2016 ("the Code") providing much relief and clarity to operational debtors who may have a genuine dispute regarding the debt, but may not have yet initiated legal proceedings.
S.S. Rana & Co. Advocates
The objective of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'Code') is multi-faceted.
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Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
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.
HHG Legal Group
The reforms represent relief from unnecessary Government interference and encourage robust entrepreneurial risk taking.
A central theme in Australia's safe harbour legislation is a director's duty to find a "better outcome for the company".
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.
The sole shareholder of the companies failed in his attempt to challenge the validity of the administrator appointments.
Clayton Utz
Phoenix activity affects creditors, employees, competing businesses and taxpayers when it leaves behind an empty shell.
Kott Gunning
Failure by the company to register its interest on the PPSR in equipment it leased resulted in a loss of the equipment.
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