IBBI boosts liquidation process with stakeholder engagement

Insolvency regulator IBBI has mandated the involvement of Stakeholders’ Session Committee (SCC) in the course of the preparation of preliminary report in liquidation.

Liquidators ought to search solutions/observations of the members of the SCC whereas getting ready the preliminary report, the IBBI mentioned in a round. 

They need to finalise the preliminary report solely after contemplating such solutions/observations of the members of the SCC and thereafter submit it to the Adjudicating Authority (AA), Board and members of SCC, it added.

Concurrently, Insolvency and Chapter Board of India (IBBI) has additionally mandated that liquidator should share progress stories on the liquidation with the SCC. 

At present, rules present that liquidator must submit progress stories, to the AA, IBBI and the Board inside 15 days after the top of each quarter.

Hitherto, the regulation offered for submission of progress stories to the AA and the Board, it doesn’t get shared with key stakeholders of the ecosystem, i.e collectors, thus leaving them unaware of the progress within the course of thereby creating data asymmetry.

EXPERTS’ TAKE

Hari Hara Mishra, CEO, Affiliation of ARCs in India, mentioned “The involvement of SCC on the time of preparation of preliminary report in liquidation, will assist the liquidator have a extra reasoned industrial perspective to finalise greatest match technique within the state of affairs”

Padmaja Kaul, Associate, INDUSLAW, mentioned this IBBI transfer would facilitate substantive engagement with stakeholders previous to important selections, thereby guaranteeing their pursuits stay paramount. 

Such a protocol can even domesticate ongoing dialogue and updates with collectors, who’re key stakeholders within the ecosystem, additional augmenting inclusivity and transparency, she added.

Deepika Kumari, Associate, King Stubb & Kasiva, mentioned liquidator will now be actively disclosing data to the SCC in a well timed method, marking a optimistic and welcome step ahead. 

Partaking with stakeholders is the last word take a look at of an impartial and neutral course of, she mentioned. “With this transformation, the insolvency regime in India is about to be additional strengthened, emphasising the significance of inclusive and clear interactions.”