"In terms of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 the liquidator can dispose of the assets only through online auction or spot Auction in a traditional manner". Do you agree?

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2021
"In terms of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 the liquidator can dispose of the assets only through online auction or spot Auction in a traditional manner". Do you agree?

Answer & Explanation:

I do not entirely agree with the statement that a liquidator can dispose of assets ONLY through online auction or spot auction in a traditional manner. Normally, a liquidator has to dispose of the assets of the Corporate Debtor through auction in a transparent manner and hence many liquidators resort to online auctions. However, Regulation 32 of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 enables the liquidator to dispose of assets either on a standalone basis, Slump sale, as a set of assets or in parcels, as a going concern (either the Corporate Debtor or its businesses). Further, Regulation 33 of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 prescribes the mode of Sale as specified in Schedule I to the Regulations. It need not be sale by auction but a private sale could be done in cases of perishable assets, assets value may deteriorate requiring immediate sale, assets may fetch more than reserve price in case of failed Auction or permission is obtained from the adjudicating authority.

Topics: Insolvency and Bankruptcy Code

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