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[By Aryan Dash & Rishita Sinha] The authors are students of National Law University Odisha. INTRODUCTION: In the bustling landscape of India’s financial technology sector, the crescendo of UPI transactions have reached a staggering 9.3 billion in June 2023. Projections paint a vibrant future for the Indian fintech industry, eyeing a valuation surpassing $2 trillion by 2030. The meteoric rise of UPI has not only transformed the payment...
[By Nikita Singh & Aishana] The authors are students of Gujarat National Law University. Introduction In the dynamic landscape of India’s financial sector, the persistent challenge of stressed loans has prompted regulatory interventions and innovative strategies to revitalize the economy and banking system. The exploration from Asset Reconstruction Companies (ARCs) to the emergence of Special Situation Funds (SSFs) as a specialized avenue for addressing the complexities of...
[By Shreya Jain] The author is a student of Rajiv Gandhi National University of Law, Punjab. Introduction India has emerged as a major investment hub in the recent years. According to the World Bank, India will be the most resilient of the large economies in 2023 with an impressive growth rate of 6.6%. Additionally, as per a new assessment by the International Monetary Fund (“IMF”), India is...
[By Arushita Singh] The author is a student of National Law Institute University, Bhopal. Introduction On October 3, 2023, a notification was issued by the Ministry of Corporate Affairs, invoking their authority under Section 14(3) of the Insolvency and Bankruptcy Code 2016 (IBC/Code), through which exemption has been granted to the transactions, arrangements, or agreements governed by the Convention and the Protocol pertaining to aircraft, aircraft engines,...
[By Ayush Mathur] The author is a student of National Law School of India University, Bangalore. Introduction As a penultimate step towards incorporating the amendments in the Insolvency and Bankruptcy Code (IBC), the Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper for comments on the proposed amendments. The 28th of November marked the deadline for these comments, and now the Ministry of Corporate Affairs...
[By Shubham Singh] The author is a student of National Law University, Odisha. Introduction Section 53 of the Insolvency and Bankruptcy Code, 2016 (IBC) establishes a waterfall mechanism for the distribution of assets in liquidation, with secured creditors having the highest priority and equity shareholders having the lowest priority. The waterfall mechanism is designed to ensure that the most important creditors are paid first and that all...
[By Bhabesh Satapathy & Vatsala Tyagi] The authors are students of National Law University, Odisha. Introduction In the intricate web of insolvency jurisprudence, the intersection of personal guarantees and the Insolvency and Bankruptcy Code, 2016 (“Code“) has recently been scrutinized by the Supreme Court (“SC”) in the case of Surendra B. Jiwrajika v. Omkara Assets Reconstruction Private Limited. A personal guarantee, emblematic of an individual’s commitment to...
[By Yuvraj Sharma & Vandana Kaniya] The authors are students of School of Law, Narsee Monjee Institute of Management & Studies, Hyderabad. Introduction In the recent SEBI circular dated June 8th, 2023, a significant change has taken place with SEBI permitting mutual funds to take part in repo transactions involving Commercial Papers (“hereinafter referred to as CPS”) and Certificates Of Deposits (“hereinafter referred to as CDs”). The...