Revised IBBI norms set to boost value of stressed cos
Insolvency and Bankruptcy Board of India amends regulations to allow sale of one or more assets of an entity undergoing insolvency resolution process, besides other changes
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New Delhi: In a move that will provide better market-linked solutions for stressed companies, watchdog IBBI has amended its regulations to allow sale of one or more assets of an entity undergoing insolvency resolution process, besides other changes.
Also, the Committee of Creditors (CoC) can now examine whether a compromise or an arrangement can be explored for a corporate debtor during the liquidation period. The Insolvency and Bankruptcy Board of India (IBBI) has amended the regulations with the "objective to maximise value in resolution" and they came into effect from September 16. As many as 1,703 Corporate Insolvency Resolution Processes (CIRPs) ended up in liquidation till the end of June this year.
The regulator has permitted a Resolution Professional (RP) and the CoC to look for sale of one or more assets of the corporate debtor concerned in cases where there are no resolution plans for the whole business. The Insolvency and Bankruptcy Code (IBC) provides for a market-linked and time-bound resolution of stressed assets. The amended regulations will also enable a "resolution plan to include sale of one or more assets of CD (Corporate Debtor) to one or more successful resolution applicants submitting resolution plans for such assets and providing for appropriate treatment of the remaining assets."
With the amendments to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, marketing of assets of a corporate debtor can be done that will help in wider dissemination of information to a wider and targeted audience of potential resolution applicants. "The amendment also enables a longer time for the asset in the market...," IBBI said. Gaurav Gupte, Partner, Cyril Amarchand Mangaldas, said the amendments will provide an impetus to better market-led solutions for insolvency resolution. "The amendments will ensure that better quality information about the insolvent company and its assets is available to the market, including prospective resolution applicants, in a timely manner," he added. According to him, a resolution professional will have to actively actively seek claims from known (based on the books of accounts) creditors of the company concerned, a move that will help in making available a clearer picture about the debt.
