Parliament passed the Insolvency and Bankruptcy Code (Amendment) Bill, 2026 to improve the resolution process for defaulting companies.
The amendment introduces an out-of-court mechanism (CIIRP), provisions for group insolvency, and cross-border insolvency.
NCLT must now admit insolvency applications once a default is proven, streamlining the initial stage.
As of December 2025, the IBC has facilitated the resolution of 1,376 companies, helping creditors recover ₹4.11 lakh crore.
Detailed Insights:
The IBC, enacted in 2016, aims to revive companies defaulting on loans through resolution or liquidation, but has faced criticism for delays and low recovery rates.
The Creditor-initiated Insolvency Resolution Process (CIIRP) allows specified financial creditors, with at least 51% agreement, to initiate an out-of-court resolution.
The amendment incorporates all 11 recommendations from a Select Committee, including a three-month timeline for NCLAT to reduce appellate delays.
The amendments aim to align domestic processes with international best practices, improving investor confidence through frameworks for group insolvency and cross-border insolvency.
The Select Committee recommended preventing Resolution Professionals (RP) from becoming liquidators to avoid conflicts of interest and incentivizing liquidation over resolution.
The voting threshold for pre-packaged insolvency resolution process (PPIRP) has been lowered to 51%, and IBBI is empowered to set timelines for the Committee of Creditors.
The government clarified that the IBC is intended for rescuing viable businesses and resolving financial stress, not merely as a debt recovery tool.
Key Concepts Involved:
Insolvency and Bankruptcy Code (IBC): A law that consolidates and amends laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner.
National Company Law Tribunal (NCLT): A quasi-judicial body that adjudicates issues relating to companies.
Resolution Professional (RP): A professional appointed to manage the affairs of a company undergoing the insolvency resolution process.