Insolvency Consultancy Services
Introduction of Insolvency bankruptcy code,2016 gives a new avenue to the professionals for the insolvency resolution practice. For many creditors this code has come as a boon while for debtors it proved to be a bane.
For Corporate Debtors (CD):
Planning and strategizing due diligence of corporate debtor and advise them appropriate action where in any financial or operational creditor file application U/s 7 or U/s 9
- Drafting reply to the notice of demand issued by Operational Creditor.
- Analyzing various provisions of law and validity of application filed against corporate debtors.
- Appearance before NCLT / NCLAT to contest the admission of application for Corporate resolution insolvency process.
- Updating secretarial records of Corporate debtors and conduct secretarial due diligence.
- Advising corporate debtor under different provisions of the Code.
- Analysing and assisting Corporate debtor to file application u/s 1
For Financial Creditors (FC):
Strategizing on application to be filed by the financial creditor under section 7 and preparing and drafting application to get the resolution on corporate debtors.
- Drafting application under Sec. 7 of the code.
- Analysing and collection of information from information utility and other evidence on record to substantiate default made by corporate debtor.
- Appearance before NCLT and NCLAT on behalf of financial creditor to get the application admitted.
- Filing claims on behalf of FC for corporate Debtor under CIRP.
- Represent FC in committee of creditors
- Analyse resolution plan and advise FC on different aspects.
For Operational Creditors (FC):
Advising appropriate action to the unsecured and operational creditors in respect of their dues not paid by the corporate debtors:
We can assist you by providing you with:
- Analysing whether an application U/S 9 can be filed.
- Issue of demand notice U/s 8 to the corporate debtors,
- Appearance before NCLT and NCLAT on behalf of operational Creditor to contest for admission of the application.
- Filing of claim of operational creditors including for workmen and employees.
For Interim Resolution professional (IRP):
Assisting the Interim Resolution Professional to perform his duties with due diligence
- Drafting the notice for calling of claims
- Drafting the public announcement covering provisions of code
- Verification of claims
- Assistance in day-to-day management of the company
- Assistance in conducting meeting of committee of creditors.
- Filing of various application, forms, and progress report before various regulatory authority.
For Resolution Applicant (RA):
To advise promoters and other prospective applicants on distressed assets and formulate strategy to be ahead from others.
- Strategizing, conceptualizing, planning on the bid for corporate debtor.
- Feasibility study and analysis for the preparation of resolution plan
- Writing resolution plan for the resolution applicant.
- Negotiating with the committee of creditors and financial creditors.
- Conducting techno economic feasibility study.
Safeguard under IBC 2016:
- Reviewing creditors arrangements, agreements and transactions, terms of invoices, interest free advances, employee agreements etc.
- Review the contracts and sub-contracts between Company and other parties and advise on their enforceability.
- General advisory in relation to Insolvency and Bankruptcy Code, 2016 and related laws.
- Training to staff and making SOP to avoid any notice from operation creditors. A dispute must be pre-existing on the date of notice and should be on record.