Amendments in the Insolvency & Bankruptcy Law

IBBI Updates October 2024

1. Extension of time for filing Forms to monitor LIQUIDATION PROCESSES under the Insolvency and Bankruptcy Code, 2016, and the regulations made thereunder

IBBI vide Circular dated June 28, 2024 directed the liquidators to file forms mentioned in the said circular and relating to the liquidation process latest by 30.09.2024.

Now pursuant to the representations received from the liquidators and Insolvency Professional Agencies for extending the date citing the technicalities and issues involved in the submission of the forms, IBBI vide Circular IBBI/LIQ/76/2024 dated October 09, 2024, has extended the last date of submission of forms mentioned in the Circular dated June 28, 2024, as 30 September 2024 is now extended to November 30, 2024.

The link for the aforesaid Circular is as follows:
https://ibbi.gov.in//uploads/legalframwork/907c68c10df0dbdfbd2b4b86189c6955.pdf 

2. Extension of time for filing Forms to monitor VOLUNTARY LIQUIDATION PROCESSES under the Insolvency and Bankruptcy Code, 2016, and the regulations made thereunder

IBBI vide Circular dated June 28, 2024, directed the liquidators to file forms mentioned in the said circular and relating to the voluntary liquidation process latest by 30.09.2024.

Now pursuant to the representations received from the liquidators and Insolvency Professional Agencies for extending the date citing the technicalities and issues involved in the submission of the forms, IBBI vide Circular IBBI/LIQ/77/2024 dated October 09, 2024, has extended the last date of submission of forms mentioned in the Circular dated June 28, 2024, as 30 September 2024 is now extended to November 30, 2024.

The link for the aforesaid Circular is as follows:
https://ibbi.gov.in//uploads/legalframwork/e180efd9d21978b4b0a3cab6bcfb64c1.pdf

Centralized Electronic Listing and Auction Platform for the Sale of Assets under Liquidation Process

Currently, the liquidators in the various liquidation process are selling the assets through various auction platforms and the details of a company’s assets are typically made public only at the time of the auction notice. This practice leads to information asymmetry, as potential buyers have limited time to assess the value of the assets, often resulting in lower recovery rates.

A centralised listing and auction platform where details of all assets under liquidation of Corporate Debtor are continuously available to the public provides an effective solution to these problems.

In view of the above, IBBI vide Circular date IBBI/LIQ/78/2024 dated October 29, 2024 has informed that IBBI has collaborated with the Indian Banks’ Association (IBA) to facilitate the auction of assets through the eBKray platform which is presently owned and managed by PSB Alliance Private Limited (a consortium of 12 public sector banks).

This centralized platform inter-alai offers detailed information on corporate debtor assets, including photographs, videos, and geographical coordinates. By enhancing transparency and efficiency through advanced technology, eBKray aims to increase bidder participation, streamline operations, and maximize returns for creditors while improving outcomes for bidders.

The link for the aforesaid Circular is as follows:
https://ibbi.gov.in//uploads/legalframwork/77e7f6034a0c4dab174712fbf00920a6.pdf 

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