This book is a comprehensive and clear introduction to the principles and practice of the Insolvency and Bankruptcy Code, 2016. This edition offers in depth practical approach, topical commentary and identifying the key requirements of the relevant provisions of the Code, based on the judicial pronouncements of the Adjudicating Authority (NCLT) and the Appellate Authority (NCLAT), various High Courts and Supreme Court of India under the Code. More than 400 cases have been covered under this book.
The present edition is based on the Code and the Regulations as notified till 10th December, 2018 by the Insolvency and Bankruptcy Board of India. However, the sections and regulations relating to the insolvency and bankruptcy for individuals and partnerships are yet to be notified, therefore the book is focused only on the Corporate Insolvency and Bankruptcy. It is a combination of the theoretical, practical and jurisprudential issues. The relevant Rules and Regulations issued under the Code and judicial pronouncements have also been given at appropriate places with a view to identify them easily in a simplified manner.
LAW & PROCEDURE
Part 1 Basics about the Insolvency and Bankruptcy Code, 2016
Part 2 Insolvency Resolution and Liquidation for Corporate Persons6
Chapter 1 Preliminary — Definitions
Chapter 2 Corporate Insolvency Resolution Process
Chapter 3 Liquidation Process
Chapter 4 Fast Track Corporate Insolvency Resolution Process
Chapter 5 Voluntary Liquidation of Corporate Persons
Chapter 6 Adjudicating Authority for Corporate Persons
Chapter 7 Offences and Penalties
Part 3 Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms
Chapter 1 Fresh Start Process
Chapter 2 Insolvency Resolution Process
Chapter 3 Bankruptcy Order for Individuals and Partnership Firms
Chapter 4 Administration and Distribution of the
Estate of the Bankrupt
Chapter 5 Administration and Distribution of the
Estate of the Bankrupt
Chapter 6 Offences and Penalties
Part 4 Regulation of Insolvency Professionals, Agencies and Information Utilities
Chapter 1 The Insolvency and Bankruptcy Board of India
Chapter 2 Powers and Functions of Board
Chapter 3 Insolvency Professional Agencies
Chapter 4 Insolvency Professionals
Chapter 5 Information Utilities
Chapter 6 Inspection and Investigation
Chapter 7 Finance, Accounts and Audit
Part 5 Miscellaneous
ACT, RULES & REGULATIONS
1 The Insolvency and Bankruptcy Code, 2016
2 Insolvency and Bankruptcy Board of India (Insolvency Professional Agencies) Regulations, 2016
3 Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016
4 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
5 Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016
6 Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016
7 Insolvency and Bankruptcy Board of India (Advisory Committee) Regulations, 2017
8 Insolvency and Bankruptcy Board of India (Engagement of Research Associates and Consultants) Regulations, 2017
9 Insolvency and Bankruptcy Board of India (Procedure for Governing Board Meetings) Regulations, 2017
10 Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017
11 Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017
12 The Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017
13 Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017
14 Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017
15 Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
16 Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations) Regulations, 2018
18 Relevant Orders
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Author: Dr D K Jain
Dr D K Jain :Dr. D.K. Jain, M.Com, FCS, ACIS (UK), Ph.D., I.P. is a Practicing Company Secretary, engaged in the practising field of Company Law, Insolvency and Bankruptcy Law, LLP, SEBI and Stock Exchange compliances. He has more than 34 years of practical experience in corporate laws and has been in the profession of Company Secretary for over 25 years.
Dr. Jain is qualified as Insolvency Professional and having international professional qualification of Chartered Secretary from the Institute of Chartered Secretaries and Administrators (UK) and is a Fellow Member of the Institute of Company Secretaries of India. He has completed research work on Generally Accepted Accounting Principles and its effect on final accounts (a comparative study of GAAP of India, UK and USA).
Dr. Jain has authored several books for professionals on more than 20 topics Company Law and other allied laws which includes Company Law Ready Reckoner, LLP, FEMA, SEBI (LODR) Regulations, 2015, etc. He is a regular contributor of articles on various corporate matters in professional journals and speaker on the Company Law, Insolvency Law, SEBI Listing Regulations etc.
Dr. Jain has also served as the member of the Research and Publication Committee and as the member of Editorial Board of monthly bulletin “Focus” published by the Western India Regional Council of the Institute of Company Secretaries of India and also served as a member of the Management Committee of the CCGRT of the ICSI and member of the Research Group of ICSI. He is also member of the Editorial Board of the “Chartered Secretary” of the ICSI.