IBBI Introduces New Regulations for Creditor Approval in Distressed Firm Deals
IBBI proposes financial creditor nod for big deals in distressed firms
Mint
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The Insolvency and Bankruptcy Board of India (IBBI) has proposed draft regulations requiring financial creditor approval for significant transactions in distressed firms. This new framework aims to expedite business rescues under the 'debtor-in-possession' model, allowing existing management to remain in place during bankruptcy proceedings.
- 01Financial creditor approval is now required for large transactions in distressed firms.
- 02The new 'debtor-in-possession' model allows existing management to stay during bankruptcy.
- 03Lenders have 50 days to seek new bids after triggering the process.
- 04Only certain financial creditors and companies can access this debt resolution method.
- 05The regulations aim to enhance the insolvency ecosystem in India.
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The Insolvency and Bankruptcy Board of India (IBBI) has released draft regulations mandating that banks must secure financial creditor approval for significant transactions involving distressed firms. This requirement is part of the new 'debtor-in-possession' model introduced under the Insolvency and Bankruptcy Code (Amendment) Act of 2026, which received presidential assent on April 6. The model aims to expedite business rescues while allowing existing management to remain in control, contrasting with traditional bankruptcy procedures where a resolution professional takes over. Under the proposed regulations, once a financial creditor initiates the process, lenders have 50 days to invite bids, and potential investors have 15 days to submit their plans, with a moratorium on recoveries during this period. The eligibility criteria for accessing this process will be specified by the Ministry of Corporate Affairs. Additionally, the IBBI has introduced regulations concerning voluntary liquidation and personal guarantors, enhancing the framework for insolvency resolution in India. Experts believe that if implemented effectively, these changes could strengthen the insolvency ecosystem by providing creditors with more options for early intervention while maintaining necessary safeguards.
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These new regulations could lead to faster resolutions for distressed firms, potentially saving jobs and preserving business value, which is crucial for employees and stakeholders.
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