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About the Course:
Today, the judiciary is quite proactive in delivering judgments on the Insolvency and Bankruptcy Code, whether with respect to the interpretation of the law or to address the gaps that exist in the law, therefore, we cannot read the law in isolation. As an insolvency lawyer, it is vital that one understands the provisions that are to be complied with; however, given the dynamics of insolvency law in India, it is even more important to be abreast with the latest judicial pronouncements on the law. This Course is a unique blend of the provisions and the case laws pertaining to Insolvency.
This course also covers the practical aspects of insolvency from a lawyer who is working in this field. The idea is to give you a heads up on the challenges pertaining to the Insolvency Law regime.
We have successfully conducted this course in the past and have received more than 1000+ enrollments to our courses.
SYLLABUS
- Career opportunities in IBC:
- Being an insolvency professional;
- Advisory services for the resolution applicants;
- Advisory services for the committee of creditors;
- Retainer for the insolvency professional.
- Introduction:
Deciding on liquidation/ resolution for a company-
- Compulsory winding up under the Companies Act, 2013;
- Voluntary liquidation under IBC;
- Corporate insolvency resolution process;
- Liquidation under IBC;
- Prepackaged insolvency resolution process.
- Filing of various application under IBC:
- Initiation of corporate insolvency resolution process by operational creditors-
- Who is an operational creditor and what constitutes operational debt?
- What are the prerequisites for an operational creditor to initiate insolvency?
- Sending a demand notice under Section 8;
- Deciphering “Dispute”.
- Initiation of corporate insolvency resolution process by financial creditors-
- Who is a financial creditor and what constitutes a financial debt?
- Assignees of debt as creditors;
- What are the prerequisites for a financial creditor to initiate insolvency proceedings?
- Applicability of limitation act;
- Fraudulent initiation of insolvency proceedings.
- Initiation of corporate insolvency resolution process by corporate debtor.
- Avoidance Transactions-
- Interpretation of “Related Party”;
- Fraudulent Transactions and Look-Back Period.
- Resolution Process:
- Conduct of insolvency resolution process;
- Filing of claims with the resolution professional;
- Verification of claims;
- Delayed filing of claim;
- Challenging rejection of claim;
- Payment of insolvency resolution process costs;
- Constitution and working of the committee of creditors;
- Appointment of resolution professional;
- Conduct of CoC meetings;
- Inviting expressions of interest and request for resolution plan;
- Formulating an evaluation matrix;
- Resolution plan;
- Financial exposure of secured creditors and the relevance of vertical comparison in resolution;
- Status of operational creditors;
- Treatment of statutory dues;
- Resolution value may be lower than liquidation value?
- Commercial wisdom of committee of creditors;
- Whether a conditional resolution plan is valid?
- Ineligibility to submit resolution plan -Analysing Section 29A;
- Role of adjudicating authority in approval or rejection of resolution plan;
- Extinguishment of liabilities post approval of resolution plan?
- Liquidation:
- Initiation of liquidation process;
- Liquidation before resolution?
- Consequences of initiation;
- Moratorium during liquidation;
- Actionables and timelines in liquidation;
- Comparison of insolvency resolution process and liquidation process;
- Stakeholders’ consultation committee;
- Priority of payments to creditors;
- Relinquishment of security interest;
- Reversibility of liquidation order.
- Latest Developments in IBC:
- Personal Guarantors-
- Difference between corporate and personal guarantor;
- Co-extensive liability of principal debtor and guarantor.
- Group Insolvency.
- Insolvency of financial service providers and third party rights under securitisation contracts.
Templates to be shared:
- Demand notice;
- Application by operational creditor to initiate insolvency;
- Application by financial creditor to initiate insolvency;
- Settlement agreement between operational creditor and corporate debtor.
- Invitation for expression of interest;
- Expression of interest;
- Request for resolution plan;
- Resolution plan;
- Evaluation matrix;
- Bank guarantee;
- Confidentiality undertaking;
- 29A undertaking.
Mode of Course: Text Material (PPts+ Weekend Live Classes through Google Meet)
Course Duration: 1 Month
The course will commence on the 1st of September, 2021.
Registration procedure and fee details
Amount: 2000 499/INR only for a limited period of time.
For Registration, First Fill the form below and then complete the payment.Fill the FormPayment
Contact info
+91 7903775870 (WhatsApp)
Trainer:
Ms. Richa Saraf
Richa Saraf is a law graduate from Bangalore Institute of Legal Studies.
She has extensive experience in corporate and finance laws and has worked with NBFC clients, start-ups, fintech companies and other corporate firms. She also has significant exposure in corporate litigation, having represented clients before the National Company Law Tribunals.
Keenly interested in academic research and writing, she has authored over 40 articles on recent case laws/ amendments in SARFAESI, IBC and other important legal issues, which has been published in reputed journals and blogs, such as Livelaw, Taxmann, Indiacorplaw, Moneylife, Tax Guru and Compliance Calendar.
She has also been a speaker at the Indian Chamber of Commerce- National Conference on Insolvency and Bankruptcy Code and has delivered lectures at a training session of Insolvency Professionals, organized by the Insolvency Professional Agency- Institute of Cost Accounts of India and the Institute of Chartered Accountants of India- Eastern India Regional Council.
