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Insolvency – Law and Practice (CSP Paper-9.8) CS Professional Mod-3

Syllabus

Elective Paper 9.8: Insolvency – Law and Practice(Max Marks 100)

Objective
To acquire expert knowledge of the legal, procedural and practical aspects of Insolvency and its resolution.

Detailed Contents

1. Insolvency  Concepts and Evolution: Bankruptcy/Insolvency– the Concept; Historical Developments of Insolvency Laws in
    India; A Brief on Historical Background on UK Insolvency Framework; US Bankruptcy Laws.
2. Introduction to Insolvency and Bankruptcy Code: Historical Background; Report of the Bankruptcy Law Reforms Committee,
    Need for the Insolvency and Bankruptcy Code, 2016; Overall scheme of the Insolvency and Bankruptcy Code; Important Definitions;
    Institutions under Insolvency and Bankruptcy Code, 2016.
3. Corporate Insolvency Resolution Process: Legal Provisions; Committee of Creditors; Procedure; Documentation; Appearance;
    Approval.
4. Insolvency Resolution of Corporate Persons: Contents of resolution plan; Submission of resolution plan; Approval of resolution
    plan.
5. Resolution Strategies: Restructuring of Equity and Debt; Compromise and Arrangement; Acquisition; Takeover and Change of
    Management; Sale of Assets.
6. Fast Track Corporation Insolvency Resolution Process: Applicability for fast track process; Time period for completion of fast
    track process; Procedure for fast track process.
7. Liquidation of Corporate Person: Initiation of Liquidation; Powers and duties of Liquidator; Liquidation Estate; Distribution of
    assets; Dissolution of corporate debtor.
8. Voluntary Liquidation of Companies: Procedure for Voluntary Liquidation; Initiation of Liquidation; Effect of liquidation;
    Appointment; remuneration; powers and duties of Liquidator; Completion of Liquidation.
9. Adjudication and Appeals for Corporate Persons: Adjudicating Authority in relation to insolvency resolution and liquidation for
    corporate persons; Jurisdiction of NCLT; Grounds for appeal against order of liquidation; Appeal to Supreme Court on question of
    law; Penalty of carrying on business fraudulently to defraud traders.
10. Debt Recovery and Securitization: Non-performing assets;Asset Reconstruction Companies [ARC]; Security Interest
       (Enforcement) Rules, 2002; Options available with banks e.g. SARFAESI, DRT, etc., Application to the Tribunal/Appellate Tribunal.
11. Winding-Up by Tribunal: Introduction; Is winding up and dissolution are synonymous? Winding up under the Companies Act,
       2013;Powers of the Tribunal; Fraudulent preferences.
12. Cross Border Insolvency : Introduction; Global developments; UNCITRAL Legislative Guide on Insolvency Laws; UNCITRAL
       Model Law on Cross Border Insolvency; US Bankruptcy Code; World Bank Principles for Effective Insolvency and Creditor Rights;
       ADB principles of Corporate Rescue and Rehabilitation; Enabling provisions for cross border transactions under IBC, Agreements
       with foreign countries.
13. Insolvency Resolution of Individual and Partnership Firms: Application for insolvency resolution process; Procedural aspects;
       Discharge order.
14. Bankruptcy Order for Individuals and Partnership firms: Bankruptcy if insolvency resolution process fails;Application for
       bankruptcy; Conduct of meeting of creditors; Discharge order; Effect of discharge order.
15. Bankruptcy for Individuals and Partnership Firms: Background; Overview of the provisions; Adjudicating Authority; Appeal
       against order of DRT; Appeal to Supreme Court.
16. Fresh Start Process: Background; Application for fresh start order; Procedure after receipt of application; Discharge order.
17. Professional and Ethical Practices for Insolvency Practitioners: Responsibility and accountability of Insolvency Practitioners;
       Code of conduct; Case laws; Case Studies; and Practical aspects.