Rajya Sabha approves amendments to insolvency & chapter code

New Delhi, September 19

The Rajya Sabha on Saturday handed amendments to the insolvency legislation for suspension of recent insolvency proceedings for no less than six months beginning March 25 amid the Covid pandemic, with Finance Minister Nirmala Sitharaman saying a choice on extending the suspension of related provisions shall be taken subsequent week.

Keeping corporations going

The intention of the Insolvency and Bankruptcy Code is to maintain firms a ‘going concern’, and never liquidate them. The Bill mandates {that a} default on repayments from March 25, the day when the nationwide lockdown started, wouldn’t be thought-about for initiating insolvency proceedings for no less than six months. —Nirmala Sitharaman, Finance Minister

In the wake of the Covid-19 scenario, the federal government determined to droop the provisions ranging from March 25 for six months by promulgating an ordinance in June.

Default on repayments from March 25, the day when the nationwide lockdown started to curb the Covid an infection, wouldn’t be thought-about for initiating insolvency proceedings for no less than six months. The six-month interval is ending subsequent week. The Insolvency and Bankruptcy Code (Second Amendment) Bill (IBC), 2020, seeks to exchange the ordinance issued in June, was handed by a voice vote after a short dialogue. Replying to the talk, Finance and Corporate Affairs Minister Nirmala Sitharaman stated the suspension of provisions will finish subsequent week.

“At the moment, amendment to the code gives me a provision to only extend till one year. If at all, because it is coming to an end on September 25 this year, September 24 itself we have to make an announcement about what is going to happen. But even if I do, it means by March it should be ending…,” the minister stated. The minister additionally clarified that insolvency proceedings towards corporates defaulting on loans previous to March 25 will proceed and the modification won’t stall these circumstances. A majority of opposition events supported the invoice and likewise urged the federal government to supply curiosity waiver on loans to farmers and poor individuals struggling as a result of Covid-19 disaster.

During the talk on the Bill, many members expressed fears over its potential misuse by corporates at the same time as they hoped that it’s going to assist in reviving the financial system. On the members’ queries relating to legal responsibility of private guarantors within the IBC, Sitharaman stated the company debtor typically has guarantors.

“So, for comprehensive corporate insolvency resolution and liquidation we felt it was necessary that the insolvency of the corporate debtor as well as its guarantors are considered together to whatever extent it is possible,” Sitharaman stated.

On queries in regards to the urgency to convey the ordinance within the first place, Sitharaman stated that “between sessions if there is a need for ordinance because the ground situation demands it, I would think a responsive government’s duty is to at least use the ordinance to show that we are there with the people of India.” “So to that extent, I am sure the House will appreciate that as and when the government decides for ordinance it is because of that, and whenever the next session happens we come back,” she stated. — PTI 

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