IBC process: Resolution and distribution of funds may be separated

IBC amendments likely in the Budget Session, MCA also rethinking priority given to govt dues in the waterfall mechanism

The government is considering an amendment to the Insolvency and Bankruptcy Code (IBC) to separate the process of resolution of a bankrupt firm from the distribution of funds received from the successful bidder to enable a faster takeover of the distressed company, a senior government official told Business Standard.

“In many cases the successful bidder is unable to take over the company because of disputes regarding the distribution of funds. Right now the whole plan goes as one but it is being suggested that we look at it in two parts,” the official said.

The corporate affairs ministry is rethinking the