Kolkata, January 13, 2017

The insolvency and bankruptcy code is aimed at creating alertness and more vigilant debtors and creditors.

It does not, however, intend to address the issue of corporate fraud or create a fear in promoters, MS Sahoo, Chairperson, Insolvency and Bankruptcy Board of India, said.

Under the new bankruptcy code – which received the President’s assent in May last year – creditors too can initiate the insolvency process. Earlier, it was just debtors.

“The code does not intend to address the issues of corporate fraud or create a fear in the minds of promoters. It intends to create alertness for debtors and creditors,” he said on the sidelines of an interactive session organised by the Bharat Chamber of Commerce.

According to Sahoo, the code is aimed at being a platform highlighting insolvency and it essentially gives stakeholders a chance to trigger the process.

He, however, did not rule out instances of companies taking legal recourse to prevent the process.

“There are legal issues with every new law. But over a period of time it gets sorted out. People see the reasoning and rationale behind the laws,” Sahoo maintained.

The bankruptcy code is expected to revitalise the Indian corporate bond market and improve the debt recovery rates. The corporate bond market is pegged at Rs. 22,19,300 crore.

This apart, the code is also expected to help improve the ease of doing business index. India ranks 136th out of 189 countries in the World Bank Index on the ease of resolving insolvency.

Training

According to Sahoo, the government is planning to conduct a training programme for insolvency professionals registered under the insolvency and bankruptcy code.

A limited insolvency exam has already been held and it allowed practitioners to obtain provisional registration as insolvency professionals.

The Insolvency and Bankruptcy Board has registered three insolvency professional agencies and 974 insolvency professionals so far.

[The Hindu Business Line]