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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
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.
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.
With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
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
Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.