With numerous companies facing the wrath of the COVID-19 pandemic and the resulting financial challenges, the Insolvency and Bankruptcy Code ("IBC"), still in its early stages, has sparked a lot of debate.
Due diligence is important before investing in a company or a firm. Siemens Gamesa Renewable Energy's India Unit recently fired a top executive over lack of DD. Internal investigations found that he failed to conduct appropriate DD when engaging a consultancy with a political connection.
Wilful defaulters are considered as entities that do not pay back money despite the ability to do so. The concept of 'Wilful Defaulter' has been explained by the Master Circular issued by RBI (under the Banking Regulation Act, 1949).
SEBI has recently tweaked the 25% Minimum Public Shareholding (MPS) requirement for companies undergoing insolvency process. It also segregated assets as well as liabilities of mutual funds & eased norms governing promoter participation in follow-on public offers.
PayPal has been hit by Rs. 96 Lakh penalty by the Financial Intelligence Unit (FIU) for alleged contravention of the anti-money laundering law and accused of 'concealing' suspect financial transactions and abetting "disintegration" of India's financial system.
PUFE Transactions are covered under sections 43, 45, 66, and 50 of the Insolvency and Bankruptcy Code, 2016. It lists four types of vulnerable transactions, namely Preferential, Undervalued, Fraudulent, and Extortionate.
Limitation Act, 1963 applies to the proceedings under the Insolvency and Bankruptcy Code, 2016 in the matters relating to the initiation of the corporate insolvency resolution process(CIRP) based on time-barred debt.
IBC is fueling mergers and acquisition transactions in India. Learn about IBC and how it is changing the M&A landscape in the country.