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However, there were still many issues with the insolvency and bankruptcy laws, as they were insufficient and outdated.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:Indian Insolvency Act, 1848
The Bankruptcy Act, 1869
The Indian Companies Act, 1913
The Companies Act, 1956
The Sick Industrial Companies (Special Provisions) Act, 1985 (SICA)
The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act)
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)
The Companies (Amendment) Act, 2013
The Insolvency and Bankruptcy Code, 2016 (IBC)
Comments
Post a Comment