Wednesday 1 August 2018

LS passes amended IBC Bill


Home buyers will be treated equal to financial creditors for their legal rights. They will have the right to move a resolution process against the insolvent real estate firms and get their money back.
The Lok Sabha (LS) on July 31, 2018 passed the Insolvency & Bankruptcy (IBC) Code Bill, 2018 with Second Amendment, seeking to provide home buyers the status of financial creditors. This will give the home buyers the right to decide the fate of defaulting builders.

The Bill was introduced by Finance Minister Piyush Goyal on July 23. The Minister said the govt brought the ordinance to accelerate the resolution process. He added that the financial creditor status will assist home buyers protect their hard earned money.
As per the bill, lenders will need to seek the prior approval of the competition regulator before finalizing resolution plans. The move seeks to stop litigation that can spoil the resolution process at a later stage. Presently, the winning bidder approaches CCI (Competition Commission of India) for clearance before formally taking over the asset. 
The bill aims for home-buyers to get due representation in the COC or Committee of Creditors, takes a call on resolution proposals and making them an integral part of the decision making process. 
The amended regulations allow withdrawal of a resolution application with the approval of 90% members of the committee of creditors. However, such withdrawal will only be allowable before publication of notice inviting expressions of interest. This means there can be no withdrawal once the commercial process of expressions of interest and bids starts. 
The Minister added, the need to bring the rule is also to save the interest of home buyers who would now be treated as financial creditors.
The Opposition parties demanded the bill be sent to standing committee as it alleged that by amending the provisions, the govt was helping a particular corporate house. 

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