RFMLR
- May 17, 2021
- 6 min
THE US CORPORATE TRANSPARENCY ACT: LESSONS FOR INDIA AND BEYOND
This guest post is authored by Mr. Animesh Anand Bordoloi, an Assistant Lecturer at the O.P. Jindal Global University, and Mr. Hitoishi Sarkar, a member of the GNLU Centre for Corporate and Insolvency Law. 1.INTRODUCTION The United States Congress recently passed the Corporate Transparency Act (“CTA”) which applies to foreign-owned shell companies. The CTA mandates a “reporting company” to provide the Financial Crimes Enforcement Network (FinCEN) a report containing the follo
RFMLR
- May 8, 2021
- 4 min
NON-ADMISSABILITY OF STATUTORY CLAIMS AFTER RESOLUTION PLAN APPROVAL: CONSEQUENCES LEFT UNADDRESSED
This post is authored by Kshitiz Jain, Digital Editor at RGNUL Financial and Mercantile Law Review (RFMLR). 1.INTRODUCTION Section 31(1) of the Insolvency and Bankruptcy Code, 2016 ("IBC") provides that the resolution plan, once approved by the Adjudicating Authority ("AA"), shall be binding on the corporate debtor and its employees, members, creditors, guarantors and other stakeholders involved in the resolution plan. Moreover, by the virtue of Insolvency and Bankruptcy Code
RFMLR
- May 2, 2021
- 8 min
THE GUARANTEE FOR THE FINANCIAL CREDITOR AND RIGHTS OF THIRD-PARTY SECURITY HOLDER: DEBATE CONTINUES
This post has been authored by Mrinal Sharma and Shikha Pandey, third-year students at National Law University and Judicial Academy, Assam. Image Credits: Alamy Stock Photos 1. INTRODUCTION The Insolvency and Bankruptcy Code (Code) was introduced in 2016 and since then it has clamped its foot stoutly into the legal arena through various case laws and amendments. The Hon’ble Supreme Court's judgement in the case of Phoenix Arc Private Limited v. Ketulbhai Ramubhai Patel, dated