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—Restructuring, Insolvency & Special Situations

Insolvency & Bankruptcy Code (IBC) Advisory

Advisory support for debtors and creditors in insolvency proceedings; professional roles under IBC require separate registration.

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Handled by a practising Chartered Accountant or Company Secretary.

Scope of work

Advisory support for debtors and creditors in insolvency proceedings; professional roles under IBC require separate registration.

Key deliverables

  • Advisory notes and supporting analysis

Governing law

IBC, 2016

Frequency

As required

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Insolvency & Bankruptcy Code (IBC) Advisory

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  • Advisory notes and supporting analysis
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REGISTRATION + COMPLIANCE CARE

Insolvency & Bankruptcy Code (IBC) Advisory + Compliance Care

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+ ₹9,599/yr for year-one ROC compliance

  • Advisory notes and supporting analysis
  • Financial statements in Schedule III format
  • Board report and AGM notice
  • Filed AOC-4 with SRN
  • Filed MGT-7 / MGT-7A with SRN
  • Board and AGM minutes
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100%

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4.8/5

Founder rating

—A closer look

Understanding insolvency under the IBC

Everything below is written for creditors, directors and promoters — how the Insolvency and Bankruptcy Code works, what happens when a company enters insolvency, and the options on each side.

What is IBC advisory?

The Insolvency and Bankruptcy Code, 2016 (IBC) is India's law for resolving insolvency in a time-bound way. When a company defaults on debts above the threshold, creditors — or the company itself — can apply to the NCLT to start a corporate insolvency resolution process (CIRP). Control passes to a resolution professional, and creditors decide whether to accept a resolution plan or send the company into liquidation.

IBC advisory helps creditors use the Code to recover dues, helps companies and promoters understand their position and options, and supports claims and participation in the process.

The key terms

How the process works:

Default threshold
A CIRP can be started for a default of ₹1 crore or more.
Financial creditor
A lender, such as a bank or a party that lent money, applying under Section 7.
Operational creditor
A supplier or service provider, applying under Section 9 after a demand notice.
Moratorium
On admission, a stay on suits, recovery actions and asset transfers against the company.
Resolution professional
An insolvency professional who runs the company during the CIRP.
Committee of creditors
Financial creditors who vote on the resolution plan.
Pre-pack for MSMEs
A faster, debtor-initiated process for MSMEs, with lower default thresholds, where the promoter can propose a plan.

A simple example

A Hyderabad steel trader is owed ₹1.6 crore by a construction company for supplies, with invoices long overdue and no dispute raised. It sends a demand notice under the IBC. The construction company doesn't pay or point to a pre-existing dispute within ten days, so the trader files a Section 9 application with the NCLT Hyderabad Bench. Before admission, the company settles the dues in full to avoid losing control. If it hadn't, the CIRP would have begun and the trader would have filed a claim as an operational creditor.

Why it matters

The IBC changes the balance between debtors and creditors:

Recovery lever
The threat of losing control often prompts debtors to settle.
Time-bound
CIRP must be completed within set time limits, with an outer limit of 330 days.
Promoter risk
Promoters can lose control, and some can't bid under Section 29A.
Personal guarantees
Personal guarantors to companies can face their own insolvency process.
Claims deadlines
Creditors who don't file claims on time may lose out.
Director duties
Directors can face liability for wrongful trading near insolvency.
Priority rules
Recovery depends on where a creditor sits in the waterfall.

Who is this for?

  • Suppliers and service providers with unpaid dues above ₹1 crore
  • Lenders assessing IBC as a recovery route
  • Companies facing insolvency applications
  • Promoters and personal guarantors
  • Creditors filing claims in an ongoing CIRP

IBC proceedings involve legal representation before the NCLT; we work with insolvency professionals and advocates.

Who can start a CIRP?

Three routes into insolvency:

AspectFinancial creditor (s.7)Operational creditor (s.9)Corporate debtor (s.10)
WhoBanks, lenders, bondholdersSuppliers, service providers, employeesThe company itself
Pre-conditionDefault of ₹1 crore or moreDemand notice, no pre-existing disputeDefault, with shareholder approval
Key defenceNo debt or no defaultPre-existing dispute—
Role in CoCVotesNo vote, but can attend in some casesPromoters don't vote

What we'll need from you

Debt evidence
Contracts, invoices, ledgers and acknowledgements.
Default evidence
Proof of default and date.
Correspondence
Demands, replies and any dispute raised.
Company details
Master data and financials of the debtor.
Security documents
Charges and guarantees, for secured creditors.
Board approvals
For companies filing their own application.

Fees depend on the stage and complexity; legal and NCLT fees are extra.

How the CIRP works

The main stages:

  1. 1

    Application

    A creditor or the company applies to the NCLT.

  2. 2

    Admission

    The NCLT admits the application, declares a moratorium and appoints an interim resolution professional.

  3. 3

    Claims

    Creditors file claims, and a committee of creditors is formed.

  4. 4

    Resolution plans

    Eligible bidders submit plans, which the committee evaluates.

  5. 5

    Approval

    A plan approved by 66% of the committee goes to the NCLT for approval.

  6. 6

    Liquidation

    If no plan is approved in time, the company goes into liquidation.

After the process

What follows:

Plan implementation
The successful resolution applicant takes over and pays creditors as per the plan.
Clean slate
Claims not in the plan are generally extinguished.
Liquidation
Assets are sold and proceeds distributed in the statutory order.
Avoidance actions
Preferential, undervalued or fraudulent transactions can be reversed.
Guarantor actions
Creditors can pursue personal guarantors separately.
Tax
Debt write-offs and plan payments have tax consequences.

Benefits and responsibilities

Benefits

  • A clear view of IBC options
  • Strong demand notices and applications
  • Claims filed correctly and on time
  • Support for promoters and guarantors
  • Coordination with professionals and counsel

Responsibilities

  • Provide complete debt records
  • Act within deadlines
  • Cooperate with the resolution professional
  • Disclose information honestly
  • Engage legal counsel for hearings
  • Consider settlement where sensible

—FAQ

Questions clients actually ask us

₹1 crore for a corporate insolvency resolution process. The MSME pre-pack has a lower threshold.