Allotment of Securities by a Company

The Companies Act, 2013 provides a comprehensive framework for the allotment of securities by a company. The Act contains provisions for the issuance of securities through a prospectus or a private placement, and for the creation of debentures by a company. The Act also lays down the conditions for the authorization of the issuance of securities, […]

Section 117 – The Insolvency and Bankruptcy Code, 2016

Completion of repayment plan (1) The resolution professional shall within fourteen days of the completion of the repayment plan, forward to the persons who are bound by the repayment plan under section 115 and the Adjudicating Authority, the following documents, namely – (a) a notice that the repayment plan has been fully implemented; and (b) a copy of a report by the resolution professional summarising all receipts

Section 116 – The Insolvency and Bankruptcy Code, 2016

Implementation and supervision of repayment plan (1) The resolution professional appointed under section 97 or under section 98 shall supervise the implementation of the repayment plan. (2) The resolution professional may apply to the Adjudicating Authority for directions, if necessary, in relation to any particular matter arising under the repayment plan. (3) The Adjudicating Authority may issue directions to the resolution professional on the basis of an application under sub-section (2).

Section 115 – The Insolvency and Bankruptcy Code, 2016

Effect of order of Adjudicating Authority on repayment plan (1) Where the Adjudicating Authority has approved the repayment plan under section 114, the repayment plan shall – (a) take effect as if proposed by the debtor in the meeting; and (b) be binding on creditors mentioned in the repayment plan and the debtor. (2) Where the Adjudicating Authority rejects the repayment plan under section 114, the debtor and the

Section 114 – The Insolvency and Bankruptcy Code, 2016

Order of Adjudicating Authority on repayment plan (1) The Adjudicating Authority shall by an order approve or reject the repayment plan on the basis of the report of the meeting of the creditors submitted by the resolution professional under section 112: Provided that where a meeting of creditors is not summoned, the Adjudicating Authority shall pass an order on the basis of the report

Section 113 – The Insolvency and Bankruptcy Code, 2016

Notice of decisions taken at meeting of creditors The resolution professional shall provide a copy of the report of the meeting of creditors prepared under section 99 to – (a) the debtor; ( b ) the creditors, including those who were not present at the meeting; and (c) the Adjudicating Authority. Practice area’s of B K Goyal & Co LLP

Section 112 – The Insolvency and Bankruptcy Code, 2016

Report of meeting of creditors on repayment plan (1) The resolution professional shall prepare a report of the meeting of the creditors on repayment plan. (2) The report under sub-section (1) shall contain – (a) whether the repayment plan was approved or rejected and if approved, the list the modifications, if any; (b) the resolutions which were proposed at the

Section 111 – The Insolvency and Bankruptcy Code, 2016

Approval of repayment plan by creditors The repayment plan or any modification to the repayment plan shall be approved by a majority of more than three-fourth in value of the creditors present in person or by proxy and voting on the resolution in a meeting of the creditors. Approval of repayment plan by creditors. Practice area’s of B K Goyal & Co LLP

Section 110 – The Insolvency and Bankruptcy Code, 2016

Rights of secured creditors in relation to repayment plan (1) Secured creditors shall be entitled to participate and vote in the meetings of the creditors. (2) A secured creditor participating in the meetings of the creditors and voting in relation to the repayment plan shall forfeit his right to enforce the security during the period of the repayment plan in accordance with the

Section 109 – The Insolvency and Bankruptcy Code, 2016

Voting rights in meeting of creditors (1) A creditor shall be entitled to vote at every meeting of the creditors in respect of the repayment plan in accordance with voting share assigned to him. (2) The resolution professional shall determine voting share to be assigned to each creditor in the manners specified by the Board. (3) A creditor shall not be entitled to vote in respect of a debt for an unliquidated amount. (4)