The Insolvency and Bankruptcy Code (Amendment) Bill, 2021 has successfully passed through both the Lok Sabha and Rajya Sabha. A significant feature of this amendment is the introduction of a 'pre-pack' system specifically designed for Micro, Small, and Medium Enterprises (MSMEs). This innovative approach combines aspects of both informal and formal insolvency proceedings, allowing debtors and creditors to negotiate a resolution plan before formal legal steps are initiated.
The Insolvency and Bankruptcy Code (Amendment) Bill, 2021 was passed by the Lok Sabha on 28th July 2021and by the Rajya Sabha on 3rd August 2021.
Salient features of the Bill include
Pre-pack for MSMEs which blends elements virtues of both formal and informal insolvency proceedings
Under the pre-pack process, a resolution plan is negotiated between the debtor creditors before formal proceedings start. This combines efficiency, speed, cost effectiveness flexibility with the binding
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FAQ :
The Bill was passed by the Lok Sabha on 28th July 2021 and by the Rajya Sabha on 3rd August 2021.
A key feature is the introduction of a 'pre-pack' system for MSMEs.
Under the pre-pack process, a resolution plan is negotiated between the debtor and creditors before formal insolvency proceedings begin.
The minimum threshold default is Rs. 10 lakh.
The entire process is allocated 120 days.
Initiation requires the consent of 66% of unrelated financial creditors and a special majority of shareholders.