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Corporate Insolvency Resolution in India: Lessons from a cross-country comparison

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  • Sengupta, Rajeswari

    (Indira Gandhi Institute of Development Research)

  • Anjali Sharma

    (Indira Gandhi Institute of Development Research)

Abstract

In this paper we analyse the corporate insolvency resolution procedures of India, UK and Singapore within a common framework of well-specified principles. India at present lacks a single, comprehensive law that addresses all aspects of insolvency of an enterprise. The presence of multiple laws and adjudication fora has created opportunities for debtor firms to exploit the arbitrage between the systems to frustrate recovery efforts of creditors. This also adversely impacts timeliness of the resolution process. While the importance of a well-functioning insolvency resolution framework can hardly be overstated, there is no single framework with well-defined rules laid out for organizing an efficient insolvency resolution process. Hence we undertake a cross-country comparison, the underlying motivation being to highlight the similarities as well as differences across the laws and procedures of the three countries. The objective is to learn important lessons for India, in context of the formation of the Bankruptcy Law Reforms Committee (BLRC) in 2014. The Committee has recently recommended an Insolvency and Bankruptcy Code that would be applicable to all non-financial corporations in India.

Suggested Citation

  • Sengupta, Rajeswari & Anjali Sharma, 2015. "Corporate Insolvency Resolution in India: Lessons from a cross-country comparison," Indira Gandhi Institute of Development Research, Mumbai Working Papers 2015-029, Indira Gandhi Institute of Development Research, Mumbai, India.
  • Handle: RePEc:ind:igiwpp:2015-029
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    File URL: http://www.igidr.ac.in/pdf/publication/WP-2015-029.pdf
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    Cited by:

    1. M. S. Sahoo & Anuradha Guru, 2020. "Indian Insolvency Law," Vikalpa: The Journal for Decision Makers, , vol. 45(2), pages 69-78, June.

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    More about this item

    Keywords

    Resolving insolvency; Liquidation; Reorganisation; Adjudicator; Loss given default; Recovery rate; Timeliness; Information system;
    All these keywords.

    JEL classification:

    • G1 - Financial Economics - - General Financial Markets
    • G2 - Financial Economics - - Financial Institutions and Services
    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • G34 - Financial Economics - - Corporate Finance and Governance - - - Mergers; Acquisitions; Restructuring; Corporate Governance

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