An Insolvency Professional (IP) is a person accredited with the Insolvency and Bankruptcy Board of India who is appointed by the National Company Law Tribunal to act as a court officer to drive various processes like CIRP, Liquidation under IBC. The IP in the following domains:
For resolving insolvencies of Corporate Debtors, a total time frame of 330 days is provided under the law. The process involves the appointment of a Resolution Professional, issuing public announcement, calling of claims from creditors, constituting Committee of Creditors(CoC), inviting new investors (resolution applicants) to take over the dying unit for a specific value, and examining resolution plans of such investors for approval by the CoC and thereafter by the NCLT. The applications in NCLT can be filed by the Financial Creditors, Operational Creditors, or the Corporate Debtor themselves.
In the event, if no resolution plan is received during CIRP or the plan is not approved by the CoC or NCLT, Or if the CoC decides, the liquidation of the corporate debtor is initiated for disposing of assets of the corporate debtor to meet its liabilities. The liquidation process involves calling of claims of stakeholders, the constitution of stakeholders’ consultation committee for guiding the liquidator in the matter of sale of assets defining priorities for distribution of the realized value of the assets. The law also provides for identifying questionable transactions (preference, undervalued, extortionate, and fraudulent) done by erstwhile promoters for avoidance/reversal.
The adjudicating authority for such cases is NCLT. However, a mandatory requirement is that the CIRP of the Corporate Debtor for whom the guarantee has been given by the persons should be going on. The procedure requires calling claims from the stakeholders and also framing a repayment plan for them. Under the bankruptcy process, the assets are disposed off to meet the liabilities of such persons.
Our professionals have the experience to act as Bankruptcy Trustees for the handling of the estate of the bankrupt individual and effective management of assets and liabilities thereof. We also provide secretarial and advisory assistance to Bankruptcy Trustees across the nation.
We cater services pertaining to Prepackaged insolvency, which is a law in making, and the Ministry of Corporate Affairs has issued recommendations for the framework of the process. Prepack is a progressive approach towards the fast-track corporate insolvency process and will hopefully provide effective resolution to distressed corporates.
Resolution Plan is of utmost importance in any CIRP as new investment and infusion of funds to run the ailing company comes through a successful resolution plan. Following are the steps involved in the execution of a successful resolution plan:
Preparation of plans of the behalf of resolution applicants (Investors) with the guidance on the preparation of expression of interest, & establishing that the plan complies with IBC 2016, corporate debtor due diligence, the total amount to be offered under the Resolution Plan, presenting the plan before Committee of Creditors.
On behalf of the Resolution Professional, compliance of section 29A and other IBC provisions, putting plans on evaluation matrix and awarding scores, interactions between CoC and the resolution applicant.
Of covenants of a plan after its approval by the NCLT
The insolvency processes of CIRP/Liquidation invariably involve legal proceedings including submissions to the NCLT at every juncture. We have a team of experienced advocates to cater the following services:
Drafting and vetting of demand notices under section 8 to the debtor, drafting and filing of applications under sections 7, 9, and 10, preliminary/progress/final reports/other reports, dissolution application, liquidation/personal guarantor’s application to the NCLT, drafting a scheme of compromise and arrangement under Companies Act.
We represent companies, resolution professionals, liquidators, and a committee of creditors in applications filed before the adjudicatory and appellate authorities under IBC.
Running checks and monitoring strict compliance to legal norms by the resolution professional, liquidator, and committee of creditors.
Process Advisors guide the IPs and other stakeholders to follow the steps as per law and work towards value maximization in the resolution process. They have an important role in finding a balance between stakeholders, CoC, Resolution Professionals, Investors and assist in drafting, negotiating, and finalizing relevant transaction documents and other documents.
We as Insolvency Professional Entity have developed expertise in driving various processes under IBC, 2016 and are adept at advising on the following:
For keeping the process smooth and transparent, we have a pool of professionals who provide their expert advice to the RP throughout the process of Public Announcement, the appointment of registered valuers, authorized representatives and retainer legal counsels, invitation & verification of claims, the constitution of CoC, agenda and minutes of all CoC meetings, Information memorandum, transaction record audit, an audit of balance sheets, ROC Compliances, ongoing litigations or proceedings for and against the corporate debtors, EOI, RFRP, Evaluation Matrix, Negotiations on Resolution Plans, approval of resolution plans by CoC and NCLT, implementation of a resolution plan.
A public announcement, the appointment of various professionals, calling of claims of stakeholders, the constitution of stakeholders consultation committee for guiding the liquidator in the matter of sale of assets defining priorities for distribution of the realized value of the assets, identifying questionable transactions (preference, undervalued, extortionate and fraudulent) done by erstwhile promoters for avoidance/reversal.
To ensure that all legitimate inflows come into the Corporate Debtor and making necessary payouts, watching cash flows to ensure that CIRP cost/ liquidation cost and other expenses required to run the corporate debtor on an ongoing basis are met.
Assisting Resolution Applicants (investors) to participate in sector/ industry of their preference under the IBC, guiding them to participate in EOI and RFRP to ensure that their resolution plan is approved, arranging sources of funds for pumping into approved resolution plans
Group Insolvency of Corporate Debtors
Though the law on this subject is yet to be passed, however, NCLTs have already allowed group insolvency of Videocon Industries and Reliance Communications. We can assist our clients who wish to file the Insolvency of a group and can provide legal assistance in admitting their case.
Cross Border Insolvency
Many companies have assets abroad in their offshore companies or the companies set up in foreign countries may have assets located in India. The UNCITRAL Model is already in practice in most of the forward nations to resolve insolvencies of companies have set up across nations. In India, this model is under consideration.
It is impracticable for a Resolution Professional or a liquidator to single-handedly manage all diverse dimensions of the process of CIRP or liquidation. The requirement of backend services throughout the procedure including audit, compliance check, legal work, insurance, and other related assistance is indispensable. We have formed an Insolvency Professional Entity (IPE) in the name of ASC Insolvency Services LLP which is recognized and registered with the Insolvency and Bankruptcy Board of India (IBBI). Presently, there are eight Partners and more than twenty associates practicing all over India with extensive experience as Insolvency Professionals, Chartered Accountants, Company Secretaries, Management Experts, ex-Senior Bankers, and Advocates.
Over the last four years of insolvency laws, ASC Insolvency Services LLP has handled about 30 cases of CIRP/ Liquidation/ Voluntary Liquidation/ Personal Guarantors to Corporate Debtors with a total debt size of more than 55,000 cr. By virtue of handling these cases, ASC Group has developed expertise in all steps required to complete the said processes.
Our Clients can avail of any of the collection of services or the entire backend services mentioned above which we shall be glad to take up: