Explain the changes brought about in section 30 of Insolvency and Bankruptcy Code, 2016 by the Insolvency and Bankruptcy (Second Amendment) Act, 2018.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2019
Explain the changes brought about in section 30 of Insolvency and Bankruptcy Code, 2016 by the Insolvency and Bankruptcy (Second Amendment) Act, 2018.

Answer & Explanation:

Changes brought about in section 30 of the Insolvency and Bankruptcy Code, 2016 by the Insolvency and Bankruptcy (Second Amendment) Act, 2018 are as under: (a) A resolution applicant to file an affidavit stating that it is eligible under section 29A of the Code. (b) Added an explanation to sub-section (2) of section 30 of the Code to clarify that if any approval of shareholders is required under the Companies Act, 2013 or any other law for the time being in force for the implementation of actions under the resolution plan, such approval shall be deemed to have been given and it shall not be a contravention of that Act or law. (c) Substituted sub-section (4) of section 30 of the Code, inter alia, reducing the threshold for voting from 75% to 66% for approving a resolution plan by committee of creditors. (d) in sub-section (2), in clauses (a) and (b), for the word "repayment" at both the places where it occurs, the word "payment" shall be substituted; (e) after the third proviso, the following proviso shall be inserted, namely:- "Provided also that the eligibility criteria in section 29A as amended by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 shall apply to the resolution applicant who has not submitted resolution plan as on the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018.".

Topics: Insolvency and Bankruptcy Code (IBC)

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