Hindustan Times (Amritsar)

Changes in Companies Act to make insolvency process effective: Govt

- Remya Nair remya.n@livemint.com

NEW DELHI: The government on Monday said amendments to the Companies Act 2013 will make the insolvency process more effective.

The government over the last few weeks has announced a number of changes to various laws to remove roadblocks to the insolvency process.

The Companies (Amendments) Act 2017, which received Parliament’s nod in the justconclu­ded winter session, have put restrictio­ns on managerial remunerati­on when a company has defaulted in its dues.

Companies, which have defaulted on their dues to financial institutio­ns, will need the prior approval of creditors, besides approval in a general meeting in case the payment of managerial remunerati­on exceeds 11% of the net profits.

Earlier, only the company’s prior approval in a general meeting was required.

The amendments have also allowed issuance of shares at a discount to the creditors in cases where debt is converted into shares in pursuance of a resolution plan under the Insolvency or Bankruptcy Code or a debt restructur­ing scheme.

The changes to the Act also bar a registered valuer from undertakin­g valuation of any asset in which he has direct or indirect interest for a period of three years before or after his appointmen­t.

Last week, the income tax department said that rules around levy of minimum alternate tax (MAT) will be eased for insolvent companies.

The tax department said that companies against whom insolvency proceeding­s have been initiated will be allowed to reduce the entire amount of loss brought forward, including unabsorbed depreciati­on from the book profit for calculatio­n of MAT. It added that legislativ­e changes will be made to make this more effective.

The government has also formed a committee inviting comments for stakeholde­rs till January 10 on how to make the insolvency code more effective.

 ?? SHUTTERSTO­CK ?? The govt has announced changes to various laws to remove roadblocks to the insolvency process
SHUTTERSTO­CK The govt has announced changes to various laws to remove roadblocks to the insolvency process

Newspapers in English

Newspapers from India