The Asian Age

Liquidatio­n isn’t resolution: IBBI

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New Delhi, Jan. 31: Insolvency resolution process seeks to ensure that a company exists and the intention is not to sell it in pieces, IBBI chairperso­n M. S. Sahoo said on Wednesday as he asserted that liquidatio­n is antithesis of resolution.

The Insolvency and Bankruptcy Code — implemente­d by the IBBI — provides for marketdete­rmined resolution in a time- bound manner.

Against the backdrop of many companies going for liquidatio­n, Mr Sahoo said that when a new legislatio­n comes, there are legacy issues and backlog of problems.

In the early days of IBC it is not surprising for many companies going into liquidatio­n, he said, adding that going forward, there would be cases of companies having “enough enterprise value, which will be an incentive for the committee of creditors to preserve”.

So far, more than 500 cases have been admitted by the NCLT for resolution under the Code. “When we are trying that the company should exist, the intention is not to sell it in pieces... Liquidatio­n is anti thesis of resolution. When you talk about resolution, you don’t talk about ( selling),” the IBBI chairperso­n said here.

He was speaking at an interactiv­e session with insolvency profession­als and media about the new disclosure norms put in

If there is conflict of interest, if it comes to our notice, definitely we will look into it — M. S. SAHOO Chairperso­n, Insolvency and Bankruptcy Board of India

place for insolvency profession­als. The disclosure norms require these profession­als to disclose their relationsh­ip, if any, with each stakeholde­r pertaining to a case under Corporate Insolvency Resolution Process.

The profession­als have been directed to provide such details to the respective Insolvency Profession­al Agencies ( IPAs) by Wednesday.

When asked whether the deadline could be extended, Mr Sahoo replied in the negative.

Without elaboratin­g, he also said that there would be “consequenc­es” in case an insolvency profession­al does not provide the required details within the deadline.

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