Wednesday 25 December 2019

Union Cabinet approves promulgation of IBC( Amendment ) Ordinance ,2019


The Union Cabinet on 24th December, 2019 approved a proposal to promulgate an ordinance for the amendment of the Insolvency and Bankruptcy Code (IBC).The changes protect the ‘going concern status ‘of a company facing insolvency proceedings while providing protection to last –mile funding in financially distressed sectors.
·       The amendments absolve a corporate debtor of liability for an offence committed before the commencement of the corporate insolvency resolution process.
·       The corporate debtor will not be prosecuted for such an offence from the date the resolution plan has been approved by the adjudicating authority, if the resolution plan results in the change in the management or control of the corporate debtor to a person who was not a promoter or in the management or control of the corporate debtor or a related party of such a person.
·       The amendments also propose that the debtor will not be prosecuted if a person with regard to whom the relevant investigating authority has, on the basis of material in its possession, reason to believe that he had abetted or conspired for the commission of the offence, and has submitted a report or a complaint to the relevant statutory authority or court.


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