The Centre is poised to introduce significant amendments to the Insolvency and Bankruptcy Code (IBC) and the Companies Act, with plans to potentially table these changes in the upcoming winter session of Parliament, scheduled from November 25 to December 20.
The proposed IBC amendment aims to establish a more efficient, out-of-court settlement mechanism called the Creditor Led Resolution Process (CLRP), designed to resolve cases with minimal intervention from the National Company Law Tribunal (NCLT). Initiated by financial creditors post-default, the CLRP aims to expedite resolutions with a 165-day completion timeline—half the 330 days allowed under the current Corporate Insolvency Resolution Process (CIRP).
CLRP will bypass the formal admission process, requiring only a notification to the NCLT and the Insolvency and Bankruptcy Board of India (IBBI), while reserving the tribunal's role for final resolution plan approval.
Additional changes in the amendment bill may include revised provisions for group insolvency and the removal of interim moratoriums on personal guarantors' assets. The legislative agenda also includes potential amendments to the Companies Act aimed at enhancing corporate governance, simplifying the borrowing process for listed companies, enabling enforceable arrangements for dissenting creditors, streamlining audits, and easing requirements for shifting registered offices across states.
However, the government appears to be sidelining the National Financial Information Registry (NFIR) Bill and previously considered provisions for cross-border and project-specific insolvency in real estate, signalling a narrowed focus in this legislative session.
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