⇒ Recently, Parliament passed the Insolvency and Bankruptcy Code (Amendment) Bill, 2021. The bill seeks to amend the Insolvency and Bankruptcy Code, 2016.
The Bill is set to replace the IBC Amendment Ordinance 2021 promulgated in April.
- It introduced an insolvency resolution mechanism for micro, small and medium enterprises (MSMEs) with defaults up to Rs 1 crore called the Pre-packaged Insolvency Resolution Process (PPIRP).
Key Points:
» “Base resolution plan” means a resolution plan provided by the corporate debtor
» After the words “corporate insolvency resolution process”, the words “or pre-packaged insolvency resolution process, as the case may be” shall be inserted
» After the words “process period”, the words “or by the corporate debtor during the pre-packaged insolvency resolution process period, as the case may be” shall be inserted, Etc.
Pre-packaged Insolvency Resolution Process:
» A pre-pack envisages the resolution of the debt of a distressed company through a direct agreement between secured creditors and the existing owners or outside investors, instead of a public bidding process.
» Under the pre-pack system, financial creditors will agree to terms with the promoters or a potential investor, and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
» One of the key criticisms of the existing Corporate Insolvency Resolution Process (CIRP) has been the time it takes for resolution.
- The pre-pack in contrast, is limited to a maximum of 120 days with only 90 days available to stakeholders to bring a resolution plan for approval before the NCLT.