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President promulgates IBC (Amendment) Ordinance, 2021

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 4th April, 2021/Chaitra 14, 1943 (Saka) THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ORDINANCE, 2021 NO. 3 OF 2021 Promulgated by the President in the Seventy-second Year of the Republic of India. An Ordinance further to amend the Insolvency and Bankruptcy Code, 2016. COVID-19 pandemic has impacted businesses, financial markets and economies all over the world, including India, and has impacted the business opera..

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CAAS writes a representation letter to PM on issues concerning GST,MCA and IT

Ref: CAAS/Representations/2020-21/04 Date:26-01-2021 To, The Prime Minister, 152, South Block, Raisina Hills, New Delhi - 110011 Sub: Dissent over Actions and Approach of FMO, MCA and Others Respected Pradhan Sevak, As a community of tax payers and contributories to the growth of the nation, we write this, with a pained heart, that the recent actions and approach of FMO, MCA and others in our own Government, do not reflect the welfare mind state required of a People’s Gover..

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MCA invites comments from the public on Pre-packaged Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016

File No. 30/20/2020-Insolvency Section Government of India Ministry of Corporate Affairs Dated: 08th January, 2021 NOTICE Invitation of comments from public on Pre-packaged Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016 The experience from implementation of the Insolvency and Bankruptcy Code, 2016 (the Code) including evolution of the ecosystem, stabilisation of the processes, growing jurisprudence has prepared ground to look at new initiatives to further im..

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Insolvency and Bankruptcy Code Provisions relating to Personal Guarantors - All Writ Petitions transferred to SC

Background: The Ministry of Corporate Affairs(MCA) vide its notification dated 15th November 2019[1] brought into force the provisions of the Insolvency and Bankruptcy Code, 2016 in so far as they relate to ‘personal guarantors to corporate debtors' with effect from 01st December 2019. Accordingly, by way of a notification dated 15th November 2019, the Central Government appointed December 1, 2019, as the date on which certain provisions of the IBC, in so far as they relate to pe..

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GST implications for Companies under IBC Code, 2016

As per IBC, once an entity defaults of payment to creditors, CIRP gets triggered and management of such entity removed by the NCLT. NCLT appointed IRP or RP and all management power assigned to the IRP and RP. IRP and RP run the business and operations of the said entity as a going concern till the insolvency proceeding is over and an order passed by NCLT. As per IBC, 2016, after the commencement of corporate insolvency resolution, a moratorium period is declared during which all suits and le..

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