Wednesday, 11 October 2017

PURPOSE BEHIND ENACTMENT OF INSOLVENCY AND BANKRUPTCY CODE, 2016


  1. The Insolvency and Bankruptcy Code, 2016 is intended to strike the right balance of interests of all stakeholders of the business enterprise so that the corporates and other business entities enjoy availability of credit and at the same time the creditor do not have to bear the losses on account of default. 
  2. As per the Preamble to the Code, the purpose of this Act is as   under:
  • To consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals.
  • To fix time periods for execution of the law in a time bound manner. (c) To maximize the value of assets of interested persons. (d) To promote entrepreneurship (e) To increase availability of credit. (f) To balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues. (g) To establish an Insolvency and Bankruptcy Board of India as a regulatory body for insolvency and bankruptcy law.