Navigating the Corporate Insolvency Resolution Process Under IBC, 2016

 The CIRP is mandatorily structured as a recovery mechanism, and this can be initiated by a financial creditor, an operational creditor, and a corporate debtor as well, wherein a corporate debtor can file an application of insolvency against itself if it foresees that its business is getting affected.


However, there were still many issues with the insolvency and bankruptcy laws, as they were insufficient and outdated. This triggered the need to have adequate legislation that could bring about a comprehensive reform and that could specifically regulate these aspects. The laws that were enacted are as follows:

  1. Indian Insolvency Act, 1848
  2. The Bankruptcy Act, 1869
  3. The Indian Companies Act, 1913
  4. The Companies Act, 1956
  5. The Sick Industrial Companies (Special Provisions) Act, 1985 (SICA)
  6. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act)
  7. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)
  8. The Companies (Amendment) Act, 2013
  9. The Insolvency and Bankruptcy Code, 2016 (IBC)

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