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Showing posts from November, 2023

Libord IRP Advisors Private Limited and the Role of Insolvency Professionals in India

In the dynamic business environment of India, companies may encounter financial challenges that require a strategic approach to restructuring and resolution. The Insolvency and Bankruptcy Code (IBC) introduced by the government has played a pivotal role in streamlining the insolvency process, and Insolvency Professionals (IPs) have emerged as key players in facilitating smooth insolvency proceedings. Libord IRP Advisors Private Limited stands as a noteworthy entity in the realm of insolvency, providing expert services in Mumbai and beyond. Understanding the IBBI and Registered Insolvency Professionals: The Insolvency and Bankruptcy Board of India (IBBI) serves as the regulatory body overseeing insolvency proceedings in the country. IBBI plays a crucial role in accrediting and regulating Insolvency Professionals (IPs) who act as intermediaries in the insolvency resolution process. These professionals are essential in maintaining transparency, fairness, and efficiency in the resolu...

Relevance of Valuations of Assets of Corporate Debtor under IBC, 2016 – Types of Valuations

Once a company is admitted into the Corporate Insolvency Resolution Process (CIRP), it is certain that either a resolution plan will be submitted by a new investor for a definite amount, or upon the failure of the resolution, the assets of the Corporate Debtor will be sold by the liquidator for a particular amount. But what is the specific benchmark amount that should guide the decision-makers (Committee of Creditors or the Liquidator) to arrive at a decision? This is where the necessity of valuation reports , done by professional valuers, comes into play. The regulator IBBI has shown expertise in benchmarking the valuation processes, fixing eligibility criteria for the valuers, and maintaining a panel of Registered Valuers . This write-up on valuations is intended to be easily understood by the common people; therefore, the contents have been kept straightforward and simple for their understanding. The use of intricate methods used for valuation by professiona...

Liquidation of a Company: Definition, Process, and Benefits

Liquidation of a company is a complex process that involves an understanding of multiple aspects. It only commences after a detailed analysis of various reasons. Let’s delve deeper into this process. When a debt-laden company is no longer in a position to continue its operations, the process of liquidation is initiated. The primary goal is to wind up the company’s operations and sell its assets to settle all its liabilities and any other outstanding obligations. The decision to proceed with liquidation is typically reached when it becomes evident that the company can no longer generate profits. The causes of a company’s liquidation can vary, but insolvency is a common reason. Insolvency signifies the unwillingness or inability to continue operations profitably. What Is the Liquidation of a Company? In the event of a company’s bankruptcy, a liquidator sells off the company’s assets to repay its liabilities. Once the liabilities are settled, any remaining b...

Challenging Role of an Insolvency Professional under the IBC

The Insolvency and Bankruptcy Code (IBC) introduced in India in 2016 has brought about a significant paradigm shift in the country’s insolvency and bankruptcy landscape. Central to the success of this legislation is the pivotal role played by insolvency professionals. These professionals are tasked with managing the insolvency resolution process, and their responsibilities are as challenging as they are crucial to the success of the entire framework. In this article, we will delve into the challenging role of an insolvency professional under the IBC. Understanding the IBC: The IBC was enacted to provide a unified and time-bound framework for the resolution of insolvency and bankruptcy cases in India. It aimed to streamline the process, protect the interests of creditors, and promote a culture of entrepreneurship and investment by ensuring a swift and efficient resolution of distressed assets. At the heart of this complex legal framework are insolvency professionals...

Restructuring & Insolvency – The Indian Scenario

The landscape of restructuring and insolvency in India has witnessed a significant transformation in recent years, primarily driven by the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016. This landmark legislation has not only streamlined the insolvency resolution process but has also instilled confidence among domestic and foreign investors, making India a more attractive destination for business and investment. In this article, we will explore the Indian scenario of restructuring and insolvency, with a particular focus on the IBC and its impact. The Insolvency and Bankruptcy Code (IBC): The IBC is undoubtedly the cornerstone of the Indian restructuring and insolvency framework. It was introduced to provide a unified, time-bound, and efficient mechanism for the resolution of insolvency and bankruptcy cases. One of its key objectives was to shift the focus from a debtor-in-possession to a creditor-in-control regime. Key Features of the IBC: ...

Insolvency Professional – Meaning, Eligibility & Qualification

Meaning of Insolvency Professional Insolvency Professionals are enrolled with an Insolvency Agency, and they are involved in the dissolution process of insolvent individuals, companies, LLPs, or partnerships. These professionals are authorized to act on behalf of such insolvent entities. During a bankruptcy situation, Insolvency Professionals play a vital role in liquidating the entity’s assets and overseeing other settlement processes. This process has gained momentum with the government implementing strict norms through the Insolvency and Bankruptcy Code. Insolvency Professional Agency Any agency registered with the IBBI under Section 201 of the Insolvency Code, 2016, is referred to as an insolvency professional agency. The key function of these agencies is to regulate the activities of Insolvency Professionals and ensure their development in the industry. These professional members are required to comply with the terms and conditions specified in t...