Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Administrators and liquidators owe a duty of care to guarantors of the company when realising the company's assets.
Cooper Grace Ward
Unless the controversy of section 553C setoff is otherwise determined, the Rexel decision may continue to be relied upon.
In a much anticipated judgment, the Court of Appeal of the Supreme Court of NSW has delivered good news for insolvency practitioners concerning their remuneration.
Han Kun Law Offices
Han Kun Law Offices
Mayer Brown JSM
Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the ‘Code') received the assent of the President of India on May 28, 2016.
Khaitan & Co
The Board constituted under the chairmanship of Mr MS Sahoo has recently rejected an application for registration as an insolvency professional (IP) under regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (IP Regulations) through its first regulatory order.
Luthra & Luthra Law Offices
‘Audi Alteram Partem', the age old legal maxim has been defined under the Blacks Law Dictionary to mean as "Hear the other side; hear both sides. No man should be condemned unheard".
Nishith Desai Associates
The Bombay High Court in the case of IDFC Bank Limited ("IDFC") versus M/s. Ruchi Soya Industries Limited dismissed a winding-up petition filed by IDFC seeking winding up of RSIL...
Dhaval Vussonji & Associates
Q1. Have all provisions of the Insolvency and Bankruptcy Code, 2016 been notified? A1. Not all provisions of the Code have been notified. Following is a list of the provisions that are in force:
Khaitan & Co
Pursuant to notification of the provisions relating to insolvency resolution and liquidation process under the Insolvency and Bankruptcy Code, 2016, several applications have been made to the NCLT...
Phoenix Legal
With the fast paced release of notifications and rules one after the other in the last quarter of 2016, much of the Insolvency and Bankruptcy Code...
Dhir & Dhir Associates
India is heading towards a new era of dealing with insolvencies and bankruptcies, whether corporate or individual, by promulgating a comprehensive Insolvency & Bankruptcy code at par with global standards...
Phoenix Legal
It appears that the code should become fully operational in the coming months, thus overhauling and improving India's business and commercial environment significantly.
Singh & Associates
To make debt recovery more effective, the Minister of Finance, Mr. Arun Jaitley, has moved the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions...
S.S. Rana & Co. Advocates
For attracting investment into the country, the foremost concern of a creditor is that there should be some security for his/her investment.
Ernst & Young
Refer below a balance sheet for XYZ Limited, based on the balance sheet and additional information provided provide a working for outcome to different class of creditors.
Ernst & Young
The Insolvency and Bankruptcy Code, 2016 (the Code) is, undoubtedly, a significant reform.
Ernst & Young
A vast majority of the legal systems in the Commonwealth countries are founded on English common law.
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The Insolvency and Bankruptcy Code passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities.
Surry Partners
Insolvency usually gives rise to both legal and financial issues.
S.S. Rana & Co. Advocates
The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
The decision reinforces the need for creditors to properly register their security interests to protect their collateral.
It's no secret that the Indian banking industry has a rather large number of loans outstanding that have simply gone wrong.
Khaitan & Co
As a demonstration of India's combined political will, the much awaited and debated Insolvency and Bankruptcy Code, 2016 was passed by the Upper House of the Parliament on 11 May 2016 (shortly after being passed by the Lower House on 5 May 2016).
Luthra & Luthra Law Offices
‘Audi Alteram Partem', the age old legal maxim has been defined under the Blacks Law Dictionary to mean as "Hear the other side; hear both sides. No man should be condemned unheard".
The recent amendments to the SARFAESI Act demonstrate the Indian government's commitment to put in place an efficacious system for dealing with bad debts and making debt recovery easier and effective.
Singh & Associates
Insolvency is a term which has always been related to an individual or a company/business.
Chapman Tripp
Under the New Zealand PPSA, GE's interest would not have been entirely lost but its priority could have been affected.
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