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IBBI proposes amendments in liquidation norms to increase transperancy

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 In a bid to increase transperancy in the liquidation process under the Insolvency and Bankruptcy Code (IBC), IBBI has proposed amendments to the regulations.

In a discussion paper, the Insolvency and Bankruptcy Board of India (IBBI) noted that the regulatory framework of liquidation process has been improvised on several occasions during the last five years to address the difficulties faced by stakeholders, meet the evolving requirements and in aid of achievement of objectives of the Code.

“With the emergence of new issues and the gaining of sufficient experience, a need is felt to further strengthen the regulatory framework of liquidation process in terms of accountability of liquidator towards stakeholders and certain matters related to sale,” it said.

The Code and IBBI (Liquidation Process) Regulations, 2016, provide that the liquidator shall carry on the business of the corporate debtor for its beneficial liquidation, exercise all powers of its board of directors, key managerial personnel and the partners, complies with applicable laws on behalf of the firm, among others.

The liquidator exercises the powers in fiduciary capacity to protect the interest of stakeholders and as an officer of the court. The liquidator is expected to imbibe the highest standards of ethics and professionalism while conducting a fair and rule-based liquidation process.

It is pertinent to note that though the liquidator has been empowered with greater autonomy during liquidation process as compared to interim resolution professional (IRP) or resolution professional (RP) during CIRP (corporate insolvency resolution process), the accountability mechanisms are not as robust, IBBI said.

It leads to ineffective participation and dissatisfaction amongst stakeholders, information asymmetry and sometimes even abuse of the process and the effective participation and information symmetry are fundamental to robust supervision and monitoring of the process.

“A need is, therefore, felt to further enhance the accountability of liquidator by enlarging the scope of consultation with stakeholders,” said the discussion paper.

The board was of the view that the expanded and enriched role of Stakeholders’ Consultation Committee (SCC) in terms of mandatory consultation regarding appointment of professionals, sale of assets including fixation of reserve price, among others, is felt necessitated for enhancing accountability of liquidator, stakeholders’ confidence and participation in the process, effective supervision and monitoring, and improved outcomes of the process.

Further, the appropriate checks and balances in appointment of professionals, without curtailing the flexibility of liquidators in such appointments, is apposite to ensure more process transparency and safeguard the interest of the stakeholders.

“It is proposed to provide in the Liquidation Regulations that the liquidator shall consult SCC for all significant matters related to liquidation process, including appointment of professionals (and their remuneration), and sale of assets (including major aspects such as fixation of reserve price, manner of sale, etc),” it said.

The discussion paper has also proposed to provide in the Liquidation Regulations that if the secured creditors having 60 per cent of the value in the secured debt decide to relinquish or realise the security interest, such decision shall be binding on the other ‘pari-passu’ charge holders, who are on an equal footing.

“The proposals in the preceding paragraphs aim at achieving the objectives of the Code by expediting the liquidation process and balancing the interest of all stakeholders. This is issued in pursuance to regulation 4 of the Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations) Regulations, 2018,” it said.

Public comments on the proposals have been sought by September 17.

National

After LS nod, Amit Shah to move Immigration and Foreigners Bill in RS today

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New Delhi, April 2: The Rajya Sabha on Wednesday will discuss the Immigration and Foreigners Bill, 2025 which has already been passed by the Lok Sabha.

As per the business list of Upper House, Union Minister Amit Shah will move that the Bill “to confer upon the Central Government certain powers to provide for requirement of passports or other travel documents in respect of persons entering into and exiting from India and for regulating matters related to foreigners including requirement of visa and registration and for matters connected there with or incidental thereto, as passed by Lok Sabha, be taken into consideration.”

He will also seek the passing of the bill after a discussion is held by the members of the House.

A key aspect of the Bill is the implementation of enhanced surveillance and security protocols. The Union Home Minister while speaking about the importance of the bill in the Lok Sabha had said, “It will strengthen the country’s security and economy, pave the way to make our education system and universities global, lay a strong foundation for research and investigation in the country and make India number one in the world in every field by 2047.”

He said that immigration was not an isolated issue but many issues of the country were directly or indirectly linked with it. He said that it was very important for the security of the country to know who is entering our borders, when they are entering, for how long they will stay and the purpose for which they are here.

Also to be tabled in the Rajya Sabha is the Boilers Bill, 2024, returned by Lok Sabha with Amendments. Union Minister Piyush Goyal will move that the amendments made by Lok Sabha be taken into consideration.

Union Minister Manohar Lal Khattar will make a statement regarding the “Status of implementation of the recommendations contained in the Tenth Report (Seventeenth Lok Sabha) of the Department-related Parliamentary Standing Committee on Housing and Urban Affairs on ‘PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi)’ of the Ministry of Housing and Urban Affairs.”

Upper House members Sushmita Dev, Rekha Sharma and Bikash Ranjan Bhattacharya will present the “366th Report (in English and Hindi) of the Department-related Parliamentary Standing Committee on Education, Women, Children, Youth and Sports on ‘Demands for Grants (2025-26)’ pertaining to the Ministry of Youth Affairs and Sports.”

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Sensex plunges nearly 2 pc amid US reciprocal tariff concerns

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Mumbai, April 1: Indian stock markets on Tuesday witnessed a sharp decline on the first trading day of the new financial year. The fall came as investors reacted to global market concerns, especially the upcoming US reciprocal tariffs on April 2.

The Sensex, which represents 30 major companies, dropped by 1,390.41 points or 1.80 per cent to close at 76,024.51. During the trading session, it fluctuated between an intra-day high of 77,487.05 and a low of 75,912.18.

The Nifty index also tumbled 353.65 points or 1.50 per cent, ending at 23,165.70. It touched a high of 23,565.15 and a low of 23,136.40 during the intra-day.

Almost all stocks in the Sensex index ended lower, except Zomato, IndusInd Bank, and State Bank of India (SBI).

The biggest losers included HCL Technologies, Bajaj Finserv, HDFC Bank, Bajaj Finance, and Infosys, which saw their share prices decline by up to 3.66 per cent.

Midcap and smallcap stocks also faced pressure. The Nifty Midcap100 index closed 0.86 per cent lower, while the Nifty Smallcap100 index slipped 0.70 per cent.

The BSE Midcap index was down 0.9 per cent, whereas the Smallcap index managed to rise slightly by 0.2 per cent.

Sector-wise, most indices ended in the red, with IT, real estate, and consumer durables stocks falling by around 2 per cent each. Only media, oil & gas, and telecom stocks managed to stay positive.

Market volatility also surged as the India VIX, commonly known as the fear index, jumped 8.37 per cent to 13.78 points. This suggests that investors are increasingly cautious about the market’s direction.

Analysts suggest that market fluctuations may continue until there is more clarity on global trade relations and economic policies as investors remain concern about Trump’s tariff policies and their impact on international trade.

“Amid heightened global volatility ahead of the anticipated US reciprocal tariff announcement tomorrow (US time), the domestic market witnessed a significant sell-off today. Investors are eagerly awaiting the specifics of these tariffs while also keeping a close eye on ongoing negotiations for a potential Indo-US trade agreement,” said Vinod Nair, Head of Research, Geojit Investments Limited.

The IT sector was among the hardest hit due to its substantial exposure to the US market, and real estate stocks fell following Maharashtra’s upward revision of ready reckoner rates, which affect property valuations.

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National

Bengal minister among 30 TMC MLAs asked to clarify absence on last day of Assembly session

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Kolkata, April 1: The internal disciplinary committee of Trinamool Congress’ legislative party in the West Bengal Assembly has finally shortlisted 30 party MLAs, including a member of the state cabinet for being absent on March 20, the last day of the second phase of the budget session, ignoring the party whip.

The absent MLAs had not even given prior intimation about their absence to the office of the Speaker, Biman Bandopadhyay.

These legislators, including the state minister, will have to personally appear in front of the disciplinary committee this month and justify why internal disciplinary action will not be initiated against them for ignoring the party whip.

The name of Manoj Tiwari, the cricketer-turned-politician and the current West Bengal Minister of State for Youth and Sports Affairs department, also figures in the list of those who will have to justify the reason behind their absence during House proceedings and ignoring party whip, said a member of the disciplinary committee who refused to be named.

Tiwari joined Trinamool Congress in 2021 before the state Assembly elections that year and was elected as a party legislator from the Shibpur Assembly constituency in the Kolkata-adjacent Howrah district. After the new state cabinet was announced, his name figured in the list.

Initially, it was decided that the meeting of the internal disciplinary committee would be conducted on March 29. However, the meeting on that date was cancelled because of the preoccupations of the MLAs including the members of the disciplinary committee because of the Eid festival.

The committee is chaired by the state Parliamentary Affairs Minister, Sovandeb Chattopadhyay. The other members of the committee include the West Bengal Minister of State for Finance (independent charge) Chandrima Bhattacharya, the state Municipal Affairs and Urban Development Minister and Kolkata Mayor Firhad Hakim, state Power Minister Arup Biswas and the chief whip of Trinamool Congress’s legislative party in state Assembly, Nirmal Ghosh.

Trinamool Congress had issued a whip, making the presence of all party legislators mandatory on the last two days of the second phase of the budget session on March 19 and March 20.

Although the presence on the part of the legislators was almost 100 per cent on March 19, several legislators, including the minister, skipped attendance on March 20.

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