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Punish uncooperative debts and develop advance rulings to reduce delays in bankrupt company owners: ICAI

Read also | The court orders resetting the bankruptcy rules. Now, the government is revising the law

It said in its recommendation to the government that the system of pre-ruling on bankruptcy-related laws would also help.

It said a dedicated IBC Mediation and Arbitration Centre, which expands the scope of the existing informal debt resolution framework for micro, small and medium-sized enterprises, and a range of special measures, including a fast track plan for addressing sold companies, could speed up India’s pace of addressing disease among businesses and improve disease among businesses and extract better attitudes toward businesses.

Read also | Why getting life support from a bankrupt company may generate better value

The lender recovery rate for the resolved companies is low compared to bankruptcy businesses that remain operating during the resolution process.

ICAI has submitted the research results to the Department of Corporate Affairs.

See this study Mintsaid, the non-cooperation between the sponsors and directors of the bankrupt business significantly hindered the resolution process.

Read also | NCLT member crunch slows down bankruptcy resolution

“Stronger penalties must be taken to prevent violations to ensure the promoters are actively involved in the resolution process. The ICAI report, called ‘Time and Value’, said: “There must be a stronger penalties to stop violations to ensure that sponsors are actively involved in the resolution process. The amendment to the IBC should impose strict fines on those who fail to work with resolution professionals.”

Accounting rule makers say that if financial documents are deliberately concealed or obstructing company bankruptcy proceedings, criminal liability should be imposed to ensure liability.

IBC currently offers penalties, which may include three to five years in prison 10,000 10 million or both, because company executives don’t cooperate, but the report says its enforcement remains weak.

Experts say urgent legislative clarification is needed to clear the confusion in the IBC process arising from the court ruling.

Anoop Anoop Rawat said: “What the hours need is to clarify the status of statutory and government dues in the IBC to eliminate the confusion caused by some recent judicial statements that have given these dues the status of security debt, and Shardul Amarcardals and Co.

“The law should also clarify that IBC is the right platform to deal with solutions to solutions that are ineffective, which involves all forms of assets, whether or not considered as debts related to a country or strategy, such as whether telecom spectrum dues and profitable oil will arise in oil and exploration, whether it will ensure that it is within the scope of the scope of the Bell range, and that it is allowed to ensure that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is within the scope of the Bell range, and that it is

In its report, ICAI pointed out that in addition to the non-cooperation of the promoters, extended legal struggles by stakeholders, limited judicial resources to handle the backlog of cases, lengthy negotiations between creditors, lack of creditors with conflicts of interest, lack of effective secondary markets, including effective secondary markets for distress assets, including specialized industrial equipment for specific cases, and for the complexity of the case, this case helps ultimately involve the scope within the scope.

NCLT must also determine the default value that meets the IBC process threshold – 10 million – It happened, which is crucial to ensuring fairness. The existence of the debt and its default must be determined before a bankruptcy case is recognized in court. Often, loan agreements can be complex and borrowers may question their financial obligations. This could delay the recognition of the case in court.

Accounting rule makers also suggest that the scope of tailored informal debt solutions is called “prepackaged” and can now be used for micro, small and medium-sized businesses, and can also be extended to cover medium-sized cases to ensure that these issues are addressed through negotiated settlements rather than lengthy court proceedings.

According to the MSME development method, a manufacturing entity 2.5 million investment in factories and machinery is a micro-enterprise, while one with 2.5 million to 50 million investment is a small business, one investment 50 million to 100 million are medium-sized enterprises.

ICAI noted in its report that screening bankruptcy filings to screen out cases that are essentially debt recovery efforts rather than bankruptcy efforts can help improve the outcome.

If fraudulent transactions are suspected, a mandatory forensic audit should be conducted to determine the transfer of any assets and the transfer of the responsible party, ICAI said. ICAI said transparent disclosures of corporate debtors should be incentivized through regulatory reforms, adding that all companies used in corporate bankruptcy solutions should be required to submit audited financial statements covering the past three years to clarify their financial position.

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