Avada Law

Understanding the Liability of Personal Guarantors under the Insolvency and Bankruptcy Code, 2016

By Ashish Aggarwal and Gurcharan Singh Introduction: The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) revolutionized India's insolvency landscape by providing a comprehensive framework for resolving corporate insolvencies. Alongside this, the IBC also introduced significant changes concerning the liability of personal guarantors. This article aims to shed light on the liability of [...]

By |2023-09-25T07:01:50+00:00September 25th, 2023|Financial, International, Taxes|0 Comments

An Analysis of Group Insolvency in India with a focus on 2nd Report of the Cross Border Insolvency Rules/Regulations Committee on Group Insolvency

By Ashish Aggarwal and Ravina In recent years, there has been an increasing focus on the need for regulation on group insolvency. In the Insolvency and Bankruptcy Code, 2016 (IBC) there is no mention of group insolvency, however, there are certain judgments of the Hon’ble National Company Law Appellate Tribunal, which have dealt with [...]

By |2023-09-25T07:07:57+00:00September 25th, 2023|Financial, International, Taxes|0 Comments

Borrowers must be heard before their Account is classified as Fraud by a Bank: Supreme Court

Borrowers Must Be Heard Before Their Account Is Classified As Fraud By A Bank: Supreme Court By Ashish Aggarwal, Jaisal Baath Reserve Bank of India is constituted under Section 3 of the Reserve Bank of India Act, 1934 (“RBI Act”). RBI has been vested with the powers to issue directions to banking companies in [...]

By |2023-09-25T06:25:01+00:00September 25th, 2023|Financial, International, Taxes|0 Comments

Investors in Start-Ups and Probability of them being classified as Promoters

By Ashish Aggarwal and Nalin Dhingra In any negotiation for investment by any angel investor, PE fund, VC Funds, etc., most of the investors insist that it should be specifically carved out in the Shareholders/Share Subscription agreement etc. that the said investors shall not be classified as promoters. The said requirement evolves out of the [...]

By |2023-09-25T07:11:56+00:00September 25th, 2023|Financial, International, Taxes|0 Comments
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