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        Corp. Laws, SEBI & IBC

        IBBI, SEBI sign MoU for better implementation of IBC

        March 19, 2019

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        The Insolvency and Bankruptcy Board of India (IBBI) signed a Memorandum of Understanding (MoU) today with the Securities and Exchange Board of India (SEBI).

        The IBBI and the SEBI seek effective implementation of the Insolvency and Bankruptcy Code, 2016 (Code) and its allied rules and regulations, which have redefined the debt-equity relationship and aims to promote entrepreneurship and debt market. They have agreed under the MoU to assist and co-operate with each other for the effective implementation of the Code, subject to limitations imposed by the applicable laws.

        The MoU provides for: 

        (a) sharing of information between the two parties, subject to the limitations imposed by the applicable laws;

        (b) sharing of resources available with each other to the extent feasible and legally permissible;

        (c) periodic meetings to discuss matters of mutual interest, including regulatory requirements that impact each party's responsibilities, enforcement cases, research and data analysis, information technology and data sharing, or any other matter that the parties believe would be of interest to each other in fulfilling their respective statutory obligations;

        (d) cross-training of staff in order to enhance each party's understanding of the other's mission for effective utilisation of collective resources;

        (e) capacity building of insolvency professionals and financial creditors;

        (f) joint efforts towards enhancing the level of awareness among financial creditors about the importance and necessity of swift insolvency resolution process of various types of borrowers in distress under the provisions of the Code, etc. 

        The MoU was signed by Shri Anand Baiwar, Executive Director, SEBI, and Shri Ritesh Kavdia, Executive Director, IBBI, at Mumbai. 

        Interagency cooperation for insolvency code implementation: sharing information, resources and training to strengthen resolution processes. The memorandum obliges the parties to assist and co operate, subject to legal limitations, by enabling information sharing and resource sharing where legally permissible, convening periodic meetings to address regulatory requirements, enforcement cases, research and data analysis, and information technology and data sharing arrangements.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Interagency cooperation for insolvency code implementation: sharing information, resources and training to strengthen resolution processes.

                                The memorandum obliges the parties to assist and co operate, subject to legal limitations, by enabling information sharing and resource sharing where legally permissible, convening periodic meetings to address regulatory requirements, enforcement cases, research and data analysis, and information technology and data sharing arrangements.





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                                ActsIncome Tax
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