20 Dec 2015 12:52 IST

Bankruptcy code: Jaitley to introduce Bill on Dec 21

New code seeks to ensure insolvency resolution in a time bound manner

Finance Minister Arun Jaitley on December 21 will introduce in Lok Sabha a Bill that would pave the way for complete overhaul of the current insolvency and bankruptcy system in the country.

This Bill -- Insolvency and Bankruptcy Code 2015 -- has been included in the legislative business of the lower house for December 21, official sources said.

The new code is significant as it seeks to ensure insolvency resolution of corporates and individuals in a time bound manner.

The Bill on the bankruptcy code has fixed a timeline of 180 days, extendable by another 90 days, for resolving cases of insolvency or bankruptcy.

The current system is marred by delays. It takes anywhere between five to 15 years for lenders to recover money in the event of default.

Legal experts point out that parallel proceedings, before different forums (courts, debt recovery tribunals), often led to conflicting views and caused delays in resolving debt related issues for lenders.

EASE OF DOING BUSINESS

It is widely believed that an overhaul of the bankruptcy system in the country would help India improve its ‘Ease of Doing Business’ rankings.

INSOLVENCY REGULATOR

The new bankruptcy code has recommended the setting up of an “insolvency regulator” to exercise regulatory oversight over insolvency professionals, insolvency professional agencies and informational utilities.

Besides recommending a separate insolvency regulator, the T.K.Viswanathan headed Committee on Bankruptcy law reforms had in its report last month suggested an easier route to deal with individual bankruptcy.