, Latest Summary of IBC ordinance 2018 ~ CS GAURAV SHARMA

June 6, 2018

Latest Summary of IBC ordinance 2018


1. Home buyers as financial creditors
2. MSME with a special dispensation -- the immediate benefit -- it does not disqualify the promoter to bid for his enterprise undergoing CIRP, if not willful defaulter.
3. Withdrawal of CIRP permissible only with the approval of the Committee of Creditors with 90 percent of the voting share.
4. Furthermore, such withdrawal will only be permissible before publication of notice inviting Expressions of Interest (EoI).
5. The voting threshold has been brought down to 66 percent from 75 percent for all major decisions 
6. Further, in order to facilitate the corporate debtor to continue as a going concern during the CIRP, the voting threshold for routine decisions has been reduced to 51%.
7. The Resolution Applicant shall submit an affidavit certifying its eligibility to bid.  This places the primary onus on the resolution applicant to certify its eligibility. 
8. Minimum one-year grace period for the successful resolution applicant to fulfill various statutory obligations.
9. Non -applicability of moratorium period to enforcement of guarantee
10. Special resolution for corporate debtors  to themselves trigger insolvency 

11. And giving the IBBI a specific development role along with  powers to levy fee in respect of services rendered.




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