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Treatise on insolvency and bankruptcy code/ by V S Wahi

By: Contributor(s): Material type: TextTextPublication details: New Delhi: Bharat Law House Pvt Ltd, 2022.Edition: 4th edDescription: xi,3231p.; xi,3231p.; 25cmISBN:
  • 9789390854851
Subject(s): DDC classification:
  • 346.078 WAH
Contents:
Contents Volume 1 Division 1: The Insolvency And Bankruptcy Code, 2016 Part I: Preliminary Part II: Insolvency Resolution and Liquidation for Corporate Persons Chapter 1: Preliminary Chapter 2: Corporate Insolvency Resolution Process Chapter 3: Liquidation Process Chapter 4: Fast Track Corporate insolvency Resolution Process Chapter 5: Voluntary Liquidation of Corporate Persons Chapter 6: Adjudicating Authority for Corporate Persons Chapter 7: Offences and Penalties Part III: Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms Chapter 1: Preliminary Chapter 2: Fresh Start Process Chapter 3: Insolvency Resolution Process Chapter 4: Bankruptcy Order for Individuals and partnership Firms Chapter 5: Administration and Distribution of the Estate of the bankrupt Chapter 6: Adjudicating Authority for Individuals and Partnership Firms Chapter 7: Offences and Penalties
Volume 2 Part IV: Regulation of Insolvency Professionals, Agencies and Information Utilities Chapter 1: The Insolvency and Bankruptcy Board of India Chapter 2: Powers and Functions of the Board Chapter 3: Insolvency Professional Agencies Chapter 4: Insolvency Professionals Chapter 5: Information Utilities Chapter 6: Inspection and Investigation Chapter 7: Finance, Accounts and Audit Part V: Miscellaneous Division II: Insolvency And Bankruptcy Code, 2016 Along Regulations And Rules Division III: Allied Acts & Rules Division IV: Prudential Framework for Resolution of Stressed Assets Division V: Report on IBC SUBJECT INDEX
Summary: It gives me great pleasure in presenting the fourth edition of this work, which is a thoroughly revised and updated version of this classical treatise. In India, prior to the enactment of a single unified Insolvency and Bankruptcy Code, 2016, for all legal entities, the corporate insolvency procedure (CIRP) was governed by three legislations, namely, the Companies Act, 2013, Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and SARFAESI Act, 2002. As at that time there was no specific legislation relating to insolvency of companies, the courts have been applying the insolvency principles in matters relating to insolvent companies under the aforesaid statutes. As far as matters relating to insolvency of individuals, sole proprietorships, and partnership firms are concerned, the law contained in two statutes applied, namely, the Presidency Towns Insolvency Act, 1909, and the Provincial Insolvency Act, 1920. However, with the enactment of the IBC, 2016, the said acts have been repealed by section 243(1) of the code. But under the same provision, notwithstanding the repeal under subsection (1), all proceedings pending under those acts immediately before the commencement of this code shall continue to be governed under the acts of 1909 and 1920, as if those acts had not been repealed. Part III of the Insolvency Code, which is modeled on UK law, contains a robust mechanism of insolvency resolution and bankruptcy for individuals and partnership firms. The provisions of this Part have not so far been notified (except section 79 insofar as it relates to personal guarantors to corporate debtors) and hence not implemented. ---provided by publisher
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Holdings
Item type Current library Call number Vol info Status Barcode
Books Books Central Library 346.078 WAH (Browse shelf(Opens below)) Vol 1 Available 000461
Books Books Central Library 346.078 WAH (Browse shelf(Opens below)) Vol 2 Available 000462

Contents
Volume 1
Division 1: The Insolvency And Bankruptcy Code, 2016
Part I: Preliminary
Part II: Insolvency Resolution and Liquidation for Corporate Persons
Chapter 1: Preliminary
Chapter 2: Corporate Insolvency Resolution Process
Chapter 3: Liquidation Process
Chapter 4: Fast Track Corporate insolvency Resolution Process
Chapter 5: Voluntary Liquidation of Corporate Persons
Chapter 6: Adjudicating Authority for Corporate Persons
Chapter 7: Offences and Penalties
Part III: Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms
Chapter 1: Preliminary
Chapter 2: Fresh Start Process
Chapter 3: Insolvency Resolution Process
Chapter 4: Bankruptcy Order for Individuals and partnership Firms
Chapter 5: Administration and Distribution of the Estate of the bankrupt
Chapter 6: Adjudicating Authority for Individuals and Partnership Firms
Chapter 7: Offences and Penalties

Volume 2
Part IV: Regulation of Insolvency Professionals, Agencies and Information Utilities
Chapter 1: The Insolvency and Bankruptcy Board of India
Chapter 2: Powers and Functions of the Board
Chapter 3: Insolvency Professional Agencies
Chapter 4: Insolvency Professionals
Chapter 5: Information Utilities
Chapter 6: Inspection and Investigation
Chapter 7: Finance, Accounts and Audit
Part V: Miscellaneous
Division II: Insolvency And Bankruptcy Code, 2016 Along Regulations And Rules
Division III: Allied Acts & Rules
Division IV: Prudential Framework for Resolution of Stressed Assets
Division V: Report on IBC
SUBJECT INDEX

It gives me great pleasure in presenting the fourth edition of this work, which is a thoroughly revised and updated version of this classical treatise. In India, prior to the enactment of a single unified Insolvency and Bankruptcy Code, 2016, for all legal entities, the corporate insolvency procedure (CIRP) was governed by three legislations, namely, the Companies Act, 2013, Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and SARFAESI Act, 2002. As at that time there was no specific legislation relating to insolvency of companies, the courts have been applying the insolvency principles in matters relating to insolvent companies under the aforesaid statutes. As far as matters relating to insolvency of individuals, sole proprietorships, and partnership firms are concerned, the law contained in two statutes applied, namely, the Presidency Towns Insolvency Act, 1909, and the Provincial Insolvency Act, 1920. However, with the enactment of the IBC, 2016, the said acts have been repealed by section 243(1) of the code. But under the same provision, notwithstanding the repeal under subsection (1), all proceedings pending under those acts immediately before the commencement of this code shall continue to be governed under the acts of 1909 and 1920, as if those acts had not been repealed. Part III of the Insolvency Code, which is modeled on UK law, contains a robust mechanism of insolvency resolution and bankruptcy for individuals and partnership firms. The provisions of this Part have not so far been notified (except section 79 insofar as it relates to personal guarantors to corporate debtors) and hence not implemented. ---provided by publisher

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