Standing Committee on Finance report recommends key reforms for Insolvency and Bankruptcy Code (IBC) | Current Affairs | Vision IAS
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Report acknowledged that IBC has made significant strides in improving resolution of distressed corporate assets, enhancing credit discipline, and revival of unproductive assets  in India.

  • However, Committee observed persistent challenges that hinder its full effectiveness.

Issues highlighted by committee on IBC:

  • Competence and conduct issues against Resolution Professionals (RPs).
  • Lack of clarity on government creditors' claims and issues around stakeholder representation.
  • Delays at the admission and adjudication stage at the National Company Law Tribunal (NCLT).
    • Nearly 64% of Corporate Insolvency Resolution Processes (CIRPs) exceeded statutory 330-day limit

Key recommendations of committee

  • Establishing fast track tribunals with strict timelines for high priority cases, adopting an urgent list system to prioritize time-sensitive matters.
  • Introduction of provisions similar to Article 226(3) of Constitution, to mandate the processing of applications within 14 days.
  • PPP models to improve judicial processes, drawing on success of privatized Seva Kendras.
  • Ensuring NCLT members possess specialized knowledge, as specified by  Supreme Court in the Finolex Industries case.   
  • Providing clearer guidelines on treatment of government dues, especially taxes and penalties, etc.

About Insolvency and Bankruptcy Code, 2016:

  • Purpose: To reorganize insolvency resolution process in a time bound manner.
  • Four pillars of Code:
    • Insolvency Professionals (IPs): Manage insolvency, liquidation and bankruptcy process.
    • Information Utilities (IUs): Store facts about lenders and terms of lending.
    • Adjudicating Authority (AA): NCLT for corporate insolvency and Debt Recovery Tribunal for individual insolvencies.
    • Insolvency and Bankruptcy Board of India (IBBI): Responsible for specifying regulations for various processes. 
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