Promoters Under Scrutiny: A Case Study For Examining The Criminal Liability In Insolvency Proceedings.

Autor: Arora, Manmeet Kaur, Lal, Sahil, Singh, Bhupinder, Kaunert, Christian
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Zdroj: Library of Progress-Library Science, Information Technology & Computer; Jul-Dec2024, Vol. 44 Issue 3, p15780-15788, 9p
Abstrakt: This article analyses the fallout of promoter liability in insolvency cases, focusing on Delhi NCR to highlight that promoters need to bear accountability and transparency in corporate governance. Case studies: Lalit Mishra & Ors v/s Government of NCT Delhi In the matter of Sharon Bio Medicine Ltd. and Angel Promoters Pvt, In the shadow of Bhushan Steel Ltd., the article demonstrates, how promoters are really in between this puzzle before IBC. While this case is concentrated in the real estate industry, parties on both sides of deals are aware that fraudulent activity and undervalued transactions can be prohibited if due diligence requirements to prevent mishandled closings have system controls for properly preventing widely material overpay statements. The results imply that bolstering the enforcement aspect of promoter liability, in conjunction with setting up dedicated NCLT benches, can help speeding the resolution process and safeguard economist interests. The article ends by providing some future outlook on the forthcoming restructuring of Indian insolvency law and suggests coming reforms to hold promoters more accountable through a mechanism that would bolster ease in India's IBC framework. [ABSTRACT FROM AUTHOR]
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