Services
Insolvency & Bankruptcy
The law relating to Insolvency and Bankruptcy in India has continuously been evolving and undergone a paradigm shift. Our specialised teams are in tune with the present and expected trends. It has also been a constituent of the policy making process for this domain.
Shardul Amarchand Mangaldas & Co. has been at the forefront of the new insolvency law, and has been involved in almost all major cases of insolvency under the new law. The Firm continues to play an active role in shaping the constantly evolving insolvency law and policy in India.
Our experience covers the entire range of this practice, starting from restructuring under formal and informal procedures towards revival for corporates with early signs of distress, to processes involving actual liquidation and winding down of businesses. We advise clients at the pre insolvency stage or during the corporate insolvency resolution process (advising the committee of creditors or the resolution professional), to acquisition of the stressed asset via an insolvency process. Our integrated approach comprehensively addresses diverse aspects of an insolvency matter including acquisitions, deal structuring, drafting the resolution plan, conducting legal due diligence, conducting meetings with resolution professionals to address concerns and clarify queries. We also represent before the National Company Law Tribunal on behalf of the acquirer to see the matter through to its conclusion.
Dr. Shardul S. Shroff, Executive Chairman of the Firm, leads our highly regarded and diversified insolvency and bankruptcy practice. He has played a leading role in shaping the Insolvency and Bankruptcy Code, 2016, as a member of the Insolvency Law Committee constituted by the Government of India to review the implementation of the code. He has also been a member of other committees including the drafting sub-committee of the Insolvency Law Committee, the cross-border insolvency committee (headed by Injeti Srinivas, Secretary, Ministry of Corporate Affairs, Government of India) and the Eradi Committee involved in the insolvency provisions of the Companies Act, 1956.
Read More+
Shardul Amarchand Mangaldas & Co. guides its clients to the most efficient and practical solutions in diverse bankruptcy situations with varying degree of complexity and stakes. Our extensive experience in representing creditors, distressed corporates, as well as acquirers in the acquisition of companies in insolvency through a ‘resolution plan’ equips us in handholding clients through the entire process.
We have considerable experience in representing acquirers, stressed assets funds, international and domestic banks and financial institutions, trading and finance companies, lenders, issuers, and borrowers in diverse banking and financing transactions. We are frequently involved in structuring, documenting, recovery litigation, asset control and asset reconstruction, debt recovery, and negotiating various secured and unsecured financing transactions. We have dedicated resources for providing seamless advice on Indian laws in relation to cross-border aspects of contentious and non-contentious issues of insolvencies, formal restructurings and out-of-court settlements.
Our Bankruptcy and Restructuring Practice works closely with other practice areas within the Firm, primarily Banking & Finance, M&A, Tax, Employment and Dispute Resolution, to provide a comprehensive solution encompassing financial restructuring and recovery, insolvency, corporate reorganisation, restructuring of non-performing assets, creditors’ rights, and contingent preparedness against any peripheral litigation. Our full service experience enables the Firm to provide clients with commercially relevant legal advice and create viable safeguards to protect their business.
Read Less-
