Valuation and Insolvency

Overview of Business Valuation:

•  Genesis of Valuation, Need for Valuation, Hindrances/ Bottlenecks in Valuation,
• Business Valuation Approaches,
• Principles of Valuation (Cost, Price and Value).

Valuation of Business and Assets for Corporate Restructuring:

• Type of Valuations, Valuation Principles & Techniques for Merger, Amalgamation,
• Slump Sale, Demerger, Principles & Techniques of Reporting,
• Relative Valuation and Swap Ratio.

Insolvency:

• Historical Background, Pillars of IBC, 2016 [IBBI, IPA, IP, AA, IU],
• Key Definitions and Concepts, Insolvency Initiation/Resolution under sections 7, 8 and 10.

Application for Corporate Insolvency Resolution Process:

• Legal Provisions, Procedure, Documentation, Appearance, Approval.

Role, Functions and Duties of IP/ IRP/ RP:

• Public announcement,
• Management of affairs and operations of company as a going concern,
• Raising of Interim Finance, Preparation of Information Memorandum.

Resolution Strategies:

• Restructuring of Equity & Debt, Compromise & Arrangement, Acquisition,
• Takeover & Change of Management, Sale of Assets.

Convening and Conduct of Meetings of Committee of Creditors:

• Constitution of Committee of Creditors,
•  Procedural aspects for meeting of creditors

Preparation & Approval of Resolution Plan:

• Contents of resolution plan, Submission of resolution plan,
• Approval of resolution plan

Pre-Packaged Insolvency Resolution Process:

• Governing Framework, Eligibility for PPIRP,
• Approval of Resolution Plan, Closure of PPIRP.

Cross Border Insolvency:

• International Perspective and Global Developments, UNCITRAL Legislative
• Guide  on Insolvency Laws, US Bankruptcy Code, Chapter 11 reorganization,
• Enabling provisions for cross border transactions under IBC.

Liquidation on or after failing of Resolution Plan:

• Initiation of Liquidation,
• Distribution of assets,
• Dissolution of corporate debtor.

Voluntary Liquidation:

• Procedure for Voluntary Liquidation,
• Powers and duties of the Liquidator,
• Completion of Liquidation.

Debt Recovery &SARFAESI:

• Non-Performing Assets, Asset Reconstruction Company,
• Security Interest (Enforcement) Rules, 2002,
• Evaluation of various options available to bank viz. SARFASEI, DRT,
• Insolvency Proceedings, Application to the Tribunal/Appellate Tribunal.

Winding-up by Tribunal under the Companies Act, 2013:

• Procedure of Winding-up by Tribunal,
• Powers and Duties of the Company Liquidator,
• Fraudulent preferences

Strike Off and Restoration of Name of the Company and LLP:

• Ways of striking off of companies, Strike Off by ROC Suo-Motu,
• Strike Off by Way of Filing an Application by the Company,
• Procedure of striking off of the name of the company by way of an application to ROC,
• Restoration of the company,
• Appeal to NCLT for restoration of the name of the company, Restoration of the LLP.