Corporate Insolvency Resolution Process Under the Insolvency and Bankruptcy Code 2016: Its impact on the Banking Sector and Non-Performing assets
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Date
2023
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Himachal Pradesh National Law University, Shimla
Abstract
This thesis aims to understand the impact of the recently enacted Insolvency and Bankruptcy Code 2016 on the banking sector and Non-Performing Assets. This thesis focuses on the exit policy from the market because, in a competitive business environment, the failure of businesses is a natural phenomenon, but the manner in which such failure is dealt with by the economy indicates the maturity of the country’s policy framework. Therefore, if a company is in financial distress and unable to pay its loan, then a proper framework should be in place that helps in its revival or provides an easy exit if the revival is not possible. The Corporate Insolvency Resolution Process under the Code has introduced such a revival framework, and it has significantly
impacted the banking sector as they are the largest lenders to companies and if these companies default in their payments, then it results in the increment of the bank’s Non-Performing Assets.
Chapter 1 introduces the topic which focuses on the literature review, objectives, research questions, hypothesis and methodology. Chapter 2 discusses the historical development of the
concept of insolvency and bankruptcy, along with the shortcomings in previous legislation
which led to the enactment of the Code. Chapter 3 discusses the laws related to insolvency and
bankruptcy in the United States, United Kingdom, Singapore, Germany and South Korea. The
researcher also focusses on the analysis of Non-Performing Loans data for these countries.
Chapter 4 focuses on the interplay of the Code with other legislations along with recent
developments in the insolvency regime. Chapter 5 focuses on the judicial pronouncements
which help in the contextual development of corporate insolvency. Chapter 6 analyses the
relationship between the code and Non-Performing Assets along with empirical study. Lastly,
Chapter 7 concludes the research and gives suggestions.
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Kaushik, Keshav. Corporate Insolvency Resolution Process Under the Insolvency and Bankruptcy Code 2016: Its Impact on the Banking Sector and Non-Performing Assets. Thesis. Himachal Pradesh National Law University, Shimla, 2022