Explain the term "Insolvency Commencement Date" as defined under section 5(2) of The Insolvency and Bankruptcy Code, 2016. What are the acts prohibited on the insolvency commencement date as per provisions of the section
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2024
Explain the term "Insolvency Commencement Date" as defined under section 5(2) of The Insolvency and Bankruptcy Code, 2016. What are the acts prohibited on the insolvency commencement date as per provisions of the section 14(1) of the Code ?
Answer & Explanation:
According to Section 5(12) of the Insolvency & Bankruptcy Code, "Insolvency Commencement Date" means the date of admission of an application for initiating corporate insolvency resolution process by the Adjudicating Authority under sections 7, 9 or section 10, as the case may be. Section 14(1) of the Insolvency & Bankruptcy Code provides for moratorium. It provides that subject to provisions of sub-sections (2) and (3), on the insolvency commencement date, the Adjudicating Authority shall by order declare moratorium for prohibiting all of the following, namely: the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority, transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein, any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. Explanation: For the purposes of this sub-section, it is hereby clarified that notwithstanding anything contained in any other law for the time being in force, a licence, permit, registration, quota, concession, clearance or a similar grant or right given by the Central Government, State Government, local authority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license, permit, registration, quota, concession, clearances or a similar grant or right during the moratorium period.
Topics: Insolvency and Bankruptcy Code, 2016
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