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Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
This paper traces the story of Indian financial sector over the period 1950–2015. In identifying the trends and turns of Indian financial sector, the paper adopts a three period classification viz., (a) the 1950s and 1960s, which exhibited some elements of instability associated with laissez faire but underdeveloped banking; (b) the 1970s and 1980s that experienced the process of financial development across the country under government auspices, accompanied by a degree of financial repression; and (c) the period since the 1990s till date, that has been characterized by gradual and calibrated financial deepening and liberalization. Focusing more the third period, the paper argues that as a consequence of successive reforms over the past 25 years, there has been significant progress in making interest and exchange rates largely market determined, though the exchange rate regime remains one of managed float, and some interest rates remain administered. Considerable competition has been introduced in the banking sector through new private sector banks, but public sector banks continue have a dominant share in the market. Contractual savings systems have been improved, but pension funds in India are still in their infancy. Similarly, despite the introduction of new private sector insurance companies coverage of insurance can expand much further, which would also provide greater depth to the financial markets. The extent of development along all the segments of the financial market has not been uniform. While the equity market is quite developed, activities in the private debt market are predominantly confined to private placement form and continue to be limited to the bluechip companies. Going forward, the future areas for development in the Indian financial sector would include further reduction of public ownership in banks and insurance companies, expansion of the contractual savings system through more rapid expansion of the insurance and pension systems, greater spread of mutual funds, and development of institutional investors. It is only then that both the equity and debt markets will display greater breadth as well as depth, along with greater domestic liquidity. At the same time, while reforming the financial sector, the Indian authorities had to constantly keep the issues of equity and efficiency in mind.
This book is related to the Supreme Court of India's Case Laws on Insolvency and Bankruptcy Code 2016. Relevant Sections, Case Note-Facts-Findings of the Hon’ble Apex Court and Citation are given for each case. It will be useful for Lawyers, Insolvency Professionals, Chartered Accountants, Company Secretaries, Corporate Applicants, Corporate Debtors, Corporates, MNCs, IPAs, IPEs, NCLT, NCLAT, DRT and DRAT, High Courts and Supreme Court Librarians, Entrepreneurs, Individuals, Consultants, Valuers, Law Students and Law School Faculties.
Bailey and Groves: Corporate Insolvency - Law and Practice is a leading commentary on the substantive law of corporate insolvency and practical guidance on the various procedures arising in this important field. Written by recognised experts in the field, it remains a user-friendly text covering all aspects of corporate insolvency in one volume and is accessible to both legal and accountancy practitioners.The new edition includes:* Updated content to reflect substantial changes to the Insolvency Rules - due to be released in October 2016 and implemented in April 2017* New relevant provisions of legislation since the last edition including the Small Business Enterprise Act 2015 and Deregulation Act 2015* Coverage of amendments to the Company Directors Disqualification Act 1986 by the Deregulation Act 2015 and the Small Business, Enterprise and Employment Act 2015
About the Book In its second edition released during COVID times, it specifically includes all that is significant for a practitioner to know about Insolvency Law during this time including exclusion of period of limitation w.e.f. 15.03.2020 till 14.03.2021 in computation, while filing suits, appeals etc. under law. Key Highlights - Comprehensive Commentary on IBC - Updated IBC Rules, Regulations, NCLT and NCLAT Rules 2016 - Includes Understanding on Core Issues like limitation under IBC, Guarantors, Pre-Pack Insolvency etc - Includes Landmark judgments of SC, HCs, NCLAT and NCLT - Incorporates draft provisions of Cross-Border Insolvency (“Draft Part Z”); and - Incorporates Report of Insolvency Sub-Committee of the Insolvency Law Committee on Pre-packaged Insolvency Resolution Process.
About the Book If the 1991 reforms globalized the Indian economy and brought vibrancy to the corporate sector, the year 2015-2016 can be said to have ushered the concept of 'commercial justice' that never existed in India. Prior to this, the legal system was classified between civil and criminal justice only without any concept of commercial justice which has emerged through two significant legislations- The Insolvency & Bankruptcy Code, 2016 and The Arbitration & Conciliation (Amendment) Act, 2015. These legislations are path-breaking and have far reaching implications for the Indian economy and the business world. The Supreme Court in a short span of five years has interpreted these legislations in certain important judgements, giving certainty in the scope and application of these laws. These significant judgements of the Apex Court have been analyzed in this book. In the regime prior to the Insolvency & Bankruptcy Code, 2016, the debtors laughed and the creditors cried, in other words, it was a debtors' paradise and creditors' hell. The 2016 legislation brings a paradigm shift in favour of creditors and the Apex Court has reinforced the letter and spirit of the law by its judgements as also the democracy in insolvency resolution through the Committee of Creditors (CoC). The nuances of the law have been analyzed in the book through case-law. The Apex Court has interpreted the Arbitration & Conciliation (Amendment) Act, 2015 to bring the arbitration law in sync with the global arbitration landscape. The principles of fairness in arbitration as also the minimal interference with arbitral awards have been emphasized by the Supreme Court. Vexed questions that took decades to be decided have been settled in record time so as to give clarity to the business world. The book simplifies and demystifies legal complexities through Supreme Court judgements, for the benefit of readers including Law students, young Corporate Lawyers, In-house Corporate Counsel, Company Secretaries and Chartered Accountants.
It is primarily to corporate rescue procedures and reforms adopted at the domestic level that this book is devoted. Individual chapters 'each written by an expert or team of experts from the country under scrutiny' consider recent developments and prospec.
The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016) [as amended up to Act 26 of 2021 and updated as of 31st July 2023] with Statement of objects and reasons & Notes on Clauses BARE ACT Alongwith Rules, Regulations, Ordinances, Orders, Schemes & Guidelines Including Short Comments By VISHAL VERMA ADVOCATE Published by: SATISH LAW AGENCY
This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.