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Shardul Amarchand Mangaldas & Co logo
Shardul Amarchand Mangaldas & Co, among India’s pre-eminent law firms, is built on a century of excellence. As one of India’s marquee law firms, we…
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Shardul Amarchand Mangaldas & Co | India | 6 May 2022

The "when" and "where" of invoking personal guarantees

The Supreme Court's stay of the National Company Law Appellate Tribunal's decision in SBI Stressed Assets Management Branch v Mahendra Kumar Jajodia has received a lot of attention. Two legal issues that arise in this context are whether it is possible to appeal against a personal guarantor under the Insolvency and Bankruptcy Code and which forum would be the most appropriate for proceedings......
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Shardul Amarchand Mangaldas & Co | India | 1 Apr 2022

Are avoidance applications in jeopardy?

An interesting question has arisen under the Insolvency and Bankruptcy Code 2016 as to whether avoidance applications filed by a resolution professional to avoid vulnerable transactions can survive after the successful conclusion of the resolution process. The Supreme Court held in a recent case that the National Company Law Tribunal would have no jurisdiction to consider and decide avoidance......
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Shardul Amarchand Mangaldas & Co | India | 21 Mar 2022

The Private Equity Review: India

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Shardul Amarchand Mangaldas & Co | India | 21 Mar 2022

The Private Equity Review: India

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Shardul Amarchand Mangaldas & Co | India | 16 Mar 2022

Banking Regulation in India

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Shardul Amarchand Mangaldas & Co | India | 4 Mar 2022

Dominance in India

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Shardul Amarchand Mangaldas & Co | India | 4 Mar 2022

Union Budget 2022: proposed amendments to the Insolvency and Bankruptcy Code

Parliament is likely to soon consider further amendments to the Insolvency and Bankruptcy Code 2016. The government is looking at rolling out a cross-border insolvency framework, mandating that banks and financial institutions only rely on records with the information utility, streamlining the provisions relating to improper trading and avoidable transactions and providing a 30-day fixed time......
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Shardul Amarchand Mangaldas & Co | India | 25 Feb 2022

Issues and challenges of group insolvency

This article provides an overview of the issues and challenges of group insolvency. The Insolvency and Bankruptcy Code 2016 was envisaged as a complete framework that would incorporate the best practices across all jurisdictions to govern all insolvency-related matters. However, the complexity of certain concepts has required a phased approach as regards their implementation.
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Shardul Amarchand Mangaldas & Co | India | 21 Jan 2022

Implications of using bankruptcy code against distribution companies

The central government has recently clarified that IBC proceedings could be triggered against state government-owned electricity distribution companies (discoms). This could have major implications for the electricity sector. Successful resolution of discoms would, however, require further policy thinking. The policy solutions that emerge should be informed by foreign precedents but rooted in......
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Shardul Amarchand Mangaldas & Co | India | 14 Jan 2022

What to expect from India's amendments to CIRP regulations

The Insolvency and Bankruptcy Board of India (IBBI) recently issued amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations 2021. Briefly, these amendment regulations make three modifications to the IBBI (Corporate Persons Insolvency Resolution Process) Regulations 2016. Each of these modifications is discussed in detail in this article.
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