Entries by Vinod Kothari Consultants

The Curious Case of Home-Buyers: All is Well?

By Sikha Bansal, (sikha@vinodkothari.com) (resolution@vinodkothari.com)   All the hullabaloo surrounding the inclusion of “home-buyers” in the category of financial creditors was put to rest by the promulgation of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (“the Ordinance”). The Ordinance amends the definition of “financial debt” u/s 5 (8) of the Insolvency and Bankruptcy Code, […]

MCA raises curtain on SBO Rules – Notifies final rules with several changes.

CS Vinita Nair, vinita@vinodkothari.com CS Nikita Snehil, nikita@vinodkothari.com Vinod Kothari & Co. | June 14, 2018 Amendment to Section 89 and 90 is one of the key amendments proposed in Companies (Amendment) Act, 2017 (Amendment Act). While, the Amendment Act is being enforced in phases, stakeholders were given the option to provide the public comments on the […]

MCA amends MGT Rules- alignment with Companies (Amendment) Act, 2017

By Megha Saraf (megha@vinodkothari.com),(corplaw@vinodkothari.com) Introduction Subsequent to the Ministry of Corporate Affairs (“MCA”) notifications dated 9th February, 2018 and 7th May, 2018 through which MCA hadenforced 43 sections and 28 sections of the Companies (Amendment) Act 2017, (“Act, 2017”),it has once again come up with another set of notificationsvide its notification dated 14th May, 2018 bringing […]

Transitory liberalisation of asset classification norms for MSMEs

by Yutika Lohia and Anita Baid (finserv@vinodkothari.com) With the advent of GST in the Indian economy, all three sectors i.e. Agriculture, Industry and Service, have been facing several challenges. Majority of small entities in the country have been impacted in some way or the other, irrespective of whether they required registration under GST or not. […]

Overview of Insolvency and Bankruptcy (Amendment) Ordinance, 2018

By Sikha Bansal,(sikha@vinodkothari.com) (resolution@vinodkothari.com)   Post the Insolvency Law Committee’s Report recommending an overhaul in the Insolvency and Bankruptcy Code, 2016, the Government has passed the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, vide Notification dated 6th June, 2018, in an attempt to set things right. No doubt, IBC has triggered positive vibes in the […]

GST on assignment of receivables: Wrong path to the right destination

Team Vinod Kothari Consultants P. Ltd   There has been a lot of uncertainty on the issue of exigibility of direct assignments and securitisation transactions to goods and services tax (GST). While on one hand, there have been opinions that assignments of secured debts may be taxable being covered by the circuitous definition of “actionable […]