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Insolvency and Bankruptcy Code (IBC)

Insolvency and Bankruptcy Code (IBC)

The Indian Institute of Corporate Affairs (IICA), with the Association of Insolvency Professional Entities, held a national conference on 13 June 2026 to mark ten years of the Insolvency and Bankruptcy Code, 2016 and to review reform priorities.

Structural pillars of the IBC

  • IBBI: Regulator for insolvency professionals, professional agencies, insolvency professional entities and information utilities; prescribes rules for corporate and individual insolvency.
  • Adjudicating authorities: NCLT for corporates, LLPs and personal guarantors; NCLAT for appeals; DRT for individuals and partnership firms.
  • Institutional participants: Insolvency Professionals manage debtor assets and operations; Information Utilities (NeSL principal IU) store authenticated financial records; Committee of Creditors (financial creditors) decides on resolution plans.

Decade outcomes (key data)

  • Realisation: ≈ Rs 4.32 lakh crore recovered by March 2026; recovery ~167% of baseline liquidation value.
  • Case closure mix (to mid‑2025): Liquidation 43%; Withdrawals under Sec 12A 18%; Formal resolution plans approved 19%; Settled/reviewed/appealed 20%.
  • NPA impact: Gross NPA ratio of scheduled commercial banks fell from 14.58% (2016) to 2.3% (2025).

Key 2026 amendments

  • CIIRP: Creditor‑initiated out‑of‑court process for notified financial institutions; requires ≥51% financial creditors’ consent; 150‑day completion target with debtor management retained during negotiation.
  • Cross‑border & group insolvency: Legal framework for judicial cooperation, access to overseas assets and group restructuring.
  • CoC powers & timelines: CoC can appoint/replace liquidators; NCLT to admit/reject within 14 days and decide on resolution plans within 30 days; liquidation mandated within 180 days with max 90‑day extension.
  • Government dues: Statutory taxes do not obtain secured creditor status; secured financial lenders’ priority preserved.

Capacity building

  • PGIP: Two‑year Post Graduate Insolvency Programme by IICA; successful graduates gain immediate eligibility for insolvency professional registration.

IASPOINT Booster Facts

  • Section 53: Specifies waterfall of distribution in liquidation.
  • Pre‑pack (2021): PPIRP introduced as a fast, court‑assisted route for MSME resolution.
  • Clean‑slate principle: Judicial doctrine conferring immunity on approved resolution applicants from predecessor liabilities.
Last Modified: June 16, 2026

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