Tranzission Blogs
328articlesInsights and guides on tax, compliance, and business strategy from Tranzission.
Ordinary Course of Business Defence under the IBC
Section 43 of the Defence under the IBC: Section 43(2) defines a transaction as preferential if it involves the transfer of property or an interest thereof by the corporate debtor for the benefit of a creditor, surety, or guarantor on account of an antecedent financial debt or operational debt, placing them in a more favorable […]
Read moreAdmission of Corporate Insolvency a Norm, Rejection an Exception
The Insolvency and Bankruptcy Code, 2016 (“the IBC”) aims to facilitate the Admission of Corporate Insolvencyy, and the initiation of the process is intended to be the standard course of action when a default has occurred. The Adjudicating Authority, the National Company Law Tribunal (NCLT) considers various factors when deciding whether to accept or reject […]
Read moreClean Slate Theory under the Insolvency & Bankruptcy Code
The corporate insolvency resolution process (CIRP) has been initiated under the Insolvency and Bankruptcy Code, 2016 (“the IBC”), and numerous resolution plans are invited and deliberated upon before a final plan is selected. The clean slate theory means that once a resolution plan is approved, all pre-existing the corporate debtor are extinguished, thus allowing the […]
Read moreWhat is rebidding in the resolution process?
Stressed assets refer to loans or debts where the borrower is struggling to repay, potentially leading to non-performing assets (NPAs) and posing risks to the financial system. Rebidding in the resolution process bid for such assets to acquire businesses at discounted valuations or restructure operations for revival. Role of Bidding in CIRP: In the corporate […]
Read more
Navigating the Data Integration Conundrum
The insolvency resolution process in the liquidation process under the Insolvency and Bankruptcy Code, 2016 (“the IBC”) and the relevant rules and regulations involve the submission and analysis of numerous documents and financial information. However, several Data Integration Conundrum issues within the insolvency framework in India hinder the efficient and timely resolution of cases. The […]
Read moreAdvancing the Objectives of IBC
To advance the Objectives of IBC (Insolvency and Bankruptcy Code, 2016 ) India needs to focus on streamlining the resolution process, promoting entrepreneurship, ensuring fair treatment of all stakeholders, and strengthening the regulatory framework, while also addressing challenges like delays and incentives. Understanding the Section 14 Moratoriums Section 14 of the Objectives of IBC establishes […]
Read moreWhat is Form G in IBC – Invitation for Expression of Interest
Form G in IBC is an official public advertisement inviting potential resolution applicants to submit an Expression of Interest (EOI). It is issued by the Resolution Professional (RP) to ensure a fair and competitive bidding process. It is, thus, a crucial step before the submission of resolution plans. Form G in IBC is primarily governed […]
Read moreSection 61 of IBC – Insolvency and Bankruptcy Code, 2016
Section 61 of IBC states that any person aggrieved by an order of the National Company Law Tribunal (NCLT) may prefer an appeal to the National Company Law Appellate Tribunal (NCLAT). The appeal must be filed within 30 days from the date of the NCLT order, and the NCLAT may extend the filing period by […]
Read moreRights of secured creditors in relation to repayment plan
The Insolvency and Bankruptcy Code, 2016 (“the IBC”) offers a comprehensive framework to deal with the challenges of insolvency and liquidation. The primary goal of the IBC is to achieve a balanced interest between the parties that are participating in the bankruptcy resolution process and Rights of secured creditors. In the process of liquidation, those […]
Read moreCan the RERA tribunal direct NCLT/IBBI?
The Real Estate (Regulation and Development) Act, 2016 (RERA) focuses on protecting homebuyers’ rights, while the National Company Law Tribunal (NCLT) and Insolvency and Bankruptcy Board of India (IBBI) deal with corporate insolvency and bankruptcy. There can be overlaps in real estate cases when promoters or developers default. This article delves into the relation of […]
Read more
What is the difference between a margin call and liquidation ?
Learn the key differences between a margin call and liquidation in trading — how they work, why they happen, and what they mean for your investments. Definition of a Margin Call: A margin call occurs when a trader’s account falls below the minimum required margin, such as maintenance margin, and the broker demands additional funds […]
Read moreInterim Measures Ordered by Arbitral Tribunal
What Are Interim Measures in Arbitration? Interim measures are temporary reliefs granted by an arbitral tribunal or a court to protect the rights of parties before the final award is delivered. These measures can include orders to maintain the status quo, preserve assets, protect evidence, or require a party to post security for costs. The […]
Read more