The Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020

Context: The Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020 has been passed by the Rajya Sabha

Analysis

  • It amends the Insolvency and Bankruptcy Code, 2016. 
  • The Code provides a time-bound process for resolving insolvency in companies and among individuals.
     Insolvency is a situation where individuals or companies are unable to repay their outstanding debt. 
  • The Bill seeks to temporarily suspend initiation of the corporate insolvency resolution process (CIRP) under the Code. 
  • It replaces the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 promulgated on June 5, 2020. 

Prohibition on the initiation of CIRP for certain defaults

  • When a default occurs, the Code allows the creditors of the company or the company itself to initiate CIRP by filing an application before the National Company Law Tribunal (NCLT). 
  • The Bill provides that for defaults arising during the six months from March 25, 2020, CIRP can never be initiated by either the company or its creditors. 
  • The central government may extend this period to one year through notification. 
  • The Bill clarifies that during this period, CIRP can still be initiated for any defaults arising before March 25, 2020.

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