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IBC Amendment Bill

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RBI Grade BNABARD ESISEBI
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Context:

On 12 August 2025, Finance Minister Nirmala Sitharaman introduced the Insolvency and Bankruptcy Code (IBC) Amendment Bill in the Lok Sabha. The Bill proposes major reforms, including group insolvency, cross-border insolvency, and pre-packaged insolvency for large corporations, aimed at speeding up admission, resolution, and liquidation processes.

What is IBC?

Insolvency and Bankruptcy Code (IBC)

  • Introduced – 2016
  • Purpose – To provide a time-bound process for resolving insolvency (when individuals or companies can’t repay debts) and, if necessary, liquidation.
  • Nodal Ministry – Ministry of Corporate Affairs
  • Regulator – Insolvency and Bankruptcy Board of India (IBBI)

Key Highlights:

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  • Group Insolvency – Allows joint resolution of multiple companies in the same group to avoid loss of value.
  • Cross-Border Insolvency – Creates rules for dealing with cases involving foreign creditors or overseas assets.
  • Pre-Packaged Insolvency for Large Corporates – Enables faster, cheaper, and less disruptive resolutions.
  • Personal Guarantor Assets – Lets lenders take over personal guarantors’ assets during insolvency proceedings.
  • Secured Claims Clarification – Government or state claims will be “secured” only if there is a contract; statutory claims won’t get automatic priority.

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Group Insolvency Mechanism

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  • Central government will set rules for insolvency of two or more group companies.
  • May have a common Bench, shared insolvency professional, joint Committee of Creditors (CoCs), and coordinated hearings.
  • Example – Useful for companies like Gensol and BluSmart that are in the same group.

Procedural Reforms Proposed

  • Mandatory Admission – If a financial creditor proves default, insolvency must be admitted.
  • CCI Approval – Needed after the resolution plan is filed with the adjudicating authority.
  • Avoidance Proceedings – Can continue even after the main insolvency process (CIRP) ends.
  • Extended Moratorium – The CIRP moratorium will continue into liquidation stage.
  • New Creditor-Initiated Insolvency Process (CIIRP) – Must be completed within 150 days.
  • Interim Moratorium Removal – For personal guarantors.
  • Single Electronic Portal – For all IBC-related filings and processes.

BS

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