Entries by Staff Publication

Moratorium during Liquidation: Scope And Effect

By Richa Saraf (resolution@vinodkothari.com) What is a moratorium? The term has been defined in Merriam Webster Dictionary to mean “legally authorized period of delay in the performance of a legal obligation or the payment of a debt; a waiting period set by an authority; or a suspension of activity. In Cambridge Dictionary, moratorium refers to a period of time during which a particular activity is stopped. In Insolvency and Bankruptcy […]

Reversibility of Liquidation Order?

By Richa Saraf (resolution@vinodkothari.com) Insolvency and Bankruptcy Code was framed with the object to provide opportunity for revival to an insolvent company, however, since the rising number of liquidation cases, as against resolution, is a cause of worry. “After more than a year of the Insolvency and Bankruptcy Code proceedings, there have been more liquidation cases than resolution of the non-performing […]

SEBI amends LODR in relation to listing of Security Receipts

By CS Vinita Nair (corplaw@vinodkothari.com) Aligns with recent amendment made in SEBI regulations for listing of Securitised Debt Instruments SEBI has notified amendments to LODR Regulations vide SEBI (Listing obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2018[1] (‘Present Amendment’) dated September 6, 2018 and has aligned the said regulations with the amendments made in SEBI (Public […]

Financial Creditors & Committee of Creditors: What, Why and How?

By Megha Mittal (resolution@vinodkothari.com) IBBI issues clarification w.r.t. voting powers of CoC Brief Background: Pursuant to the Insolvency and Bankruptcy (Amendment) Code, 2018, the crucial reduction of voting threshold from 75% to 66% for critical matters like approval of Resolution Plan, Extension of CIRP, and all matters of section 28 of the Insolvency and Bankruptcy […]

Who Can File an Affidavit?

By Megha Mittal (resolution@vinodkothari.com) Beware before you swear!   What is an Affidavit? “Affidavit” is a term used very frequently in the common-parlance; however, the consequences it carries are highly underestimated. People file affidavits being unaware of what its repercussions might be and also unaware of the fact whether they are at all competent to […]