What constitutes transactions defrauding creditors as per provision of section 49 of IBC 2016?

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2025
What constitutes transactions defrauding creditors as per provision of section 49 of IBC 2016?

Answer & Explanation:

As per Section 49 of the IBC, 2016 , a transaction shall be considered as defrauding creditors where transaction was deliberately entered into by such corporate debtor for keeping assets of the corporate debtor beyond the reach of any person who is entitled to make a claim against the corporate debtor; or in order to adversely affect the interests of such a person in relation to the claim. Section 49 strikes at transactions entered into with the intention of prejudicing the interests of a person who has made or may make a claim against the corporate debtor. According to section 49, where the corporate debtor has entered into an undervalued transaction as referred to in sub-section (2) of section 45, the Adjudicating Authority shall make an order- restoring the position as it existed before such transaction as if the transaction had not been entered into; and protecting the interests of persons who are victims of such transactions. The proviso appended to section 49 makes it clear that an order under section 49 - shall not affect any interest in property which was acquired from a person other than the corporate debtor and was acquired in good faith, for value and without notice of the relevant circumstances, or affect any interest deriving from such an interest, and shall not require a person who received a benefit from the transaction in good faith, for value and without notice of the relevant circumstances to pay any sum unless he was a party to the transaction.

Topics: Insolvency and Bankruptcy Code

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