Section 46 – The Insolvency and Bankruptcy Code, 2016

Relevant period for avoidable transactions. (1) In an application for avoiding a transaction at undervalue, the liquidator or the resolution professional, as the case may be, shall demonstrate that – (i) such transaction was made with any person within the period of one year preceding the insolvency commencement date; or (ii) such transaction was made with a related party within the period of two years preceding the insolvency commencement date. […]

Section 45 – The Insolvency and Bankruptcy Code, 2016

Avoidance of undervalued transactions (1) If the liquidator or the resolution professional, as the case may be, on an examination of the transactions of the corporate debtor referred to in sub-section (2) 1[***] determines that certain transactions were made during the relevant period under section 46, which were undervalued, he shall make an application to the Adjudicating Authority to declare such transactions as void and reverse the effect of such transaction in

Section 44 – The Insolvency and Bankruptcy Code, 2016

Orders in case of preferential transactions (1) The Adjudicating Authority, may, on an application made by the resolution professional or liquidator under sub-section (1) of section 43, by an order: (a) require any property transferred in connection with the giving of the preference to be vested in the corporate debtor; (b) require any property to be so vested if it represents the application either of the

FCRA Online Registration in India | Quick and Easy

FCRA Registration is an essential compliance requirement for enterprises involved in social upliftment and is required of groups seeking foreign donations. The government authority issues the registration certificate, which must be obtained to apply for or accept funds from overseas charitable organizations, social institutions, and registered trusts.Charitable Trusts, Societies, Section 8 Company that receive foreign contribution or

Bihar RTPS Portal

Bihar RTPS (Right to public service) portal is an online platform that has been established by the Government of Bihar. It is designed to facilitate the citizens of the state to avail various online services under a single portal. People can register into the portal to access all the services offered by the Bihar government.

Doctrine of Corporate Veil and Lifting of Corporate Veil

In the realm of corporate law, the principle of a company as a separate legal entity stands as a cornerstone. This concept, established in the landmark case of Salomon v. Salomon & Co. Ltd. (1897), asserts that upon incorporation, a company acquires an identity distinct from its shareholders and directors. This separation grants the company

Section 43 – The Insolvency and Bankruptcy Code, 2016

Preferential transactions and relevant time (1) Where the liquidator or the resolution professional, as the case may be, is of the opinion that the corporate debtor has at a relevant time given a preference in such transactions and in such manner as laid down in sub-section (2) to any persons as referred to in sub-section (4), he shall apply to the Adjudicating Authority for

Section 42 – The Insolvency and Bankruptcy Code, 2016

Appeal against the decision of liquidator A creditor may appeal to the Adjudicating Authority against the decision of the liquidator 1[accepting or] rejecting the claims within fourteen days of the receipt of such decision.   Amendment 1Ins. by Act No.26 of 2018, sec. 27 (w.e.f. 6-6-2018). Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal |

Section 41 – The Insolvency and Bankruptcy Code, 2016

Determination of valuation of claims The liquidator shall determine the value of claims admitted under section 40 in such manner as may be specified by the Board. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit

Section 40 The Insolvency and Bankruptcy Code, 2016

Admission or rejection of claims (1) The liquidator may, after verification of claims under section 39, either admit or reject the claim, in whole or in part, as the case may be: Provided that where the liquidator rejects a claim, he shall record in writing the reasons for such rejection. (2) The liquidator shall communicate his decision of admission or rejection of claims to the creditor and corporate debtor within seven days