SME Times News Bureau | 26 Apr, 2019
M S Sahoo, Chairperson, (Insolvency and Bankruptcy
Board of India) IBBI highlighted that
in addition to rescuing viable firms, which is the sole objective of the
Insolvency and Bankruptcy Code (IBC); resolution plans under IBC have yielded
200% of liquidation value for creditors.
"They
are realizing, on an average, 45% of their claims through resolutions plans
under the Corporate Insolvency Resolution Process (CIRP), which takes on
average 300 days and entails a cost on average of 0.5%," he said.
This
is significantly better as compared to the previous regime which yielded a
recovery of 25% for creditors through a process which took about 5 years and
entailed a cost of 9%," added Sahoo.
Speaking
at the FICCI-IBBI-CGI-HK
Conference on IBC at Hong Kong, Dr Sahoo said that the repayment of debt is no longer an
option, it is an obligation as tolerance for default has disappeared.
He
said, "A stakeholder may initiate CIRP of the firm when it fails to
service its debt for the first time. If process is initiated, the Code shifts
control from the debtor to creditors for resolution of insolvency. Through the
process of resolution, the ownership often shifts to third parties. Thus,
ownership of firm is no more a divine right and equity is no more the only
route to own a company."
Sahoo
added that the creditors also need to explain to themselves and their
stakeholders why they initiated an insolvency proceeding or why they did not,
in case of a default. Consequently, there
would never be a high value default if this law exists in the statute book.
He acknowledged
the support of the Judiciary, Government and the Regulators in facilitating
implementation of the Code, both
in letter and spirit. He explained that SEBI has exempted acquisitions under
resolution plans from making public offers under the Takeover Code.
RBI has
allowed external commercial borrowing for resolution applicants to repay
domestic term loans and the Competition Commission of India has devised a
special route for expeditious approvals for combinations envisaged under
resolution plans, said Sahoo.
He also
highlighted that the Revenue Department has allowed setting off the aggregate amount of the unabsorbed
depreciation and loss brought forward against book profits arising from a
resolution plan.
The
Government has demonstrated the highest commitment to this reform. It
subordinated its dues to claims of all stakeholders except equity.