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    <title>Share Application Money Not &#039;Financial Debt&#039; Under IBC; Lacks Time Value of Money Criteria and Valid Agreement Evidence.</title>
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    <description>The Appellate Tribunal dismissed the Section 7 application filed by the Appellant, ruling that the share application money deposited by the Appellant with the Corporate Debtor did not constitute a &#039;financial debt&#039; u/s 5(8) of the Insolvency and Bankruptcy Code (IBC). The key points are: 1) For a debt to qualify as &#039;financial debt&#039;, there must be a disbursal against consideration for time value of money, and the transaction must fall within the ambit of sub-clauses (a) to (i) of Section 5(8). 2) Share application money is not expressly covered u/s 5(8). 3) The Companies (Acceptance of Deposits) Rules, 2014 apply only if the share application money was received pursuant to a private placement offer made in accordance with the Companies Act, 2.....</description>
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    <pubDate>Thu, 28 Nov 2024 07:48:51 +0530</pubDate>
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      <title>Share Application Money Not &#039;Financial Debt&#039; Under IBC; Lacks Time Value of Money Criteria and Valid Agreement Evidence.</title>
      <link>https://www.taxtmi.com/highlights?id=83430</link>
      <description>The Appellate Tribunal dismissed the Section 7 application filed by the Appellant, ruling that the share application money deposited by the Appellant with the Corporate Debtor did not constitute a &#039;financial debt&#039; u/s 5(8) of the Insolvency and Bankruptcy Code (IBC). The key points are: 1) For a debt to qualify as &#039;financial debt&#039;, there must be a disbursal against consideration for time value of money, and the transaction must fall within the ambit of sub-clauses (a) to (i) of Section 5(8). 2) Share application money is not expressly covered u/s 5(8). 3) The Companies (Acceptance of Deposits) Rules, 2014 apply only if the share application money was received pursuant to a private placement offer made in accordance with the Companies Act, 2.....</description>
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      <pubDate>Thu, 28 Nov 2024 07:48:51 +0530</pubDate>
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