| Restructuring and Insolvency Resolution of Companies in India

Course Information

  • 2020-21
  • 5-Year B.A., LL.B. (Hons.), LL.M.
  • III, V
  • Mar 2021
  • Elective Course

How does this course relate to the programme curriculum – does it develop on a prior course in the programme or is the foundational or standalone course?

This is a stand-alone course which will utilise concepts learnt by the students in company law, property law, banking law and contract law courses.

Describe how you have approached the course. What have you included/excluded and why? Choice of materials – primary or secondary readings / case law;

The course is designed to provide a practical understanding of restructuring and insolvency resolution for companies in India. The course will cover an introduction to concepts in restructuring and insolvency resolution, introduction to corporate rescue and liquidation under the Insolvency and Bankruptcy Code, 2016, liquidation of companies under the Companies Act, 2013, schemes of arrangement under the Companies Act, 2013, tools available in India for out-of-court restructuring of stressed companies and introduction to cross-border insolvency. The course will not discuss insolvency of individuals and partnership firms.

Wherever needed, a comparative approach will be used. On many topics, principles of English law will be reviewed and applied for learning.

Material used will be a mix of statutes, books, case laws, journal articles and case studies. Guest lecturers may also be invited depending on the subject matter.

Describe your pedagogical method: lectures, socratic discussion, seminar style discussion, response papers or group work; any field work;

Primary method will be lectures and presentations and socratic discussion basis reading materials will be encouraged.