Corporate Insolvency

Paper Code: 
BCS 514
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire knowledge of the legal, procedural and practical aspects of Corporate Insolvency

Unit I: 
Introduction

 

• Concept of Insolvency, Historical Developments

• History of Bankruptcy Laws in USA, UK and India

 

9.00
Unit II: 
Revival, Rehabilitation and Restructuring of Sick Companies

• Sick Companies and their Revival with Special Reference to the Law and

Procedure relating to Sick Companies

Securitization and Debt Recovery

• Overview of the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002; Process; Participants

9.00
Unit III: 
Securitization and Debt Recovery

• Special Purpose Vehicle (SPV), Asset Reconstruction Companies (ARCs),

Qualified Institutional Buyers (QIB)

• Overview of the Recovery of Debts Due to Banks and Financial Institutions Act,1993

• Tribunal, Procedure; Compromises and Arrangements with Banks and Creditors

9.00
Unit IV: 
Winding Up

• Concept; Modes of Winding Up; Administrative Machinery for Winding Up

• Winding up Process and Procedure; Managing Stakeholders and Parties in

Liquidation; Conducting Meetings of Shareholders/Creditors; Dealing with

Contracts; Managing Estate

• Outsourcing Responsibilities to Professionals/Service providers such as Valuers, Security Agencies

• Best Practices in Performing Liquidation/Administrator Functions; Accountability and Liabilities; Role of Liquidators and Insolvency Practitioners

• Consequences of Winding Up; Winding Up of Unregistered Companies;

Dissolution

9.00
Unit V: 
Cross Border Insolvency

UNCITRAL Model Law on Cross Border Insolvency

• UNCITRAL Legislative Guide to Insolvency Law

• World Bank Principles for Effective Insolvency and Creditor Rights

• Asian Development Bank Principles of Corporate Rescue and Rehabilitation

Bankruptcy under Chapter 11 of US Bankruptcy Code 

References: 

 

1. Study Material Published by ICSI

2. Scanner: Arun Kumar (Suchitra Prakashans P Ltd)

3.  Law of Insolvency-Avtar Singh(Eastern Book Company Lucknow)

4. Corporate Insolvency-Economic and Legal Perspectives-J.S Bhandari,Lawrence A Weiss

5. Guidance Note on Buy Back of Securities-ICSI Publications

6. Corporate Mergers, Amalgamations & Takeovers –J.C Verma  (Bharat Publishing House New Delhi)

7. Amalgamations, Mergers, Takeovers, Acquisitions-Principles, Practices & Regulatory Framework-L.M Sharma (Company Law Journal)

8. Guide to Companies Act,-M.C Bhandari (Wadhwa& Company (Agra and Nagpur)

9. Strategic Planning Formulation of Corporate Strategy,-V.C Ramaswami & S Nama         Kumari ( Macmilan India Ltd)

 

Academic Year: