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The Insolvency and Bankruptcy Code, 2016 (“Code”) seeks to consolidate the existing legal framework for debt recovery in India. The Code is an all-encompassing law and provides rules and regulations with respect to...
Insolvency & Restructuring
INDUSLAW's Insolvency & Restructuring group advises creditors, debtors, guarantors, directors, insolvency professionals, resolution applicants and trustees in relation to the restructuring, liquidation and winding up of businesses under the Indian Insolvency & Bankruptcy Code, with one of our partner's being a qualified insolvency resolution professional.
In particular, our team advises on:
- The provisions and processes under the insolvency & Bankruptcy Code
- Rights and obligations during the moratorium period and the insolvency resolution process
- The preparation of the expression of interest for the insolvency resolution process
- The legal due diligence of corporate debtors
- The negotiation, preparation and finalisation of restructuring plans
- Potential asset recoveries and claw back
- Implementing restructuring plans through strategic sales, slump sales, demergers and auctions
- Compliance of any restructuring with applicable law, including the Competition Act, SEBI Regulations and the Foreign Exchange Management Act
- The implementation of insolvent liquidations and voluntary winding-ups
- Cross border insolvency, in particular, in the context of the UNCITRAL Model Law on Cross Border Insolvency
- Asset freezing overseas and injunctions against parallel proceedings during the moratorium period.
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