Relief under IBC by govt due to COVID -19

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1. The government on Tuesday raised the threshold for invoking insolvency under the IBC to Rs 1 crore from the current Rs 1 lakh with a view to preventing triggering of such proceedings against small and medium enterprises that are facing currently the heat of coronavirus pandemic.

2. Finance and Corporate Affairs Minister Nirmala Sitharaman said the government may also consider suspending some key provisions of the Insolvency and Bankruptcy Code (IBC) in case the current situation following the outbreak of COVID-19 continued beyond April 30, 2020. Finance Minister Nirmala Sitharaman said, adding that it will be implemented straight away-

“Due to the emerging financial distress faced by most companies on account of the large-scale economic distress caused by COVID 19, it has been decided to raise the threshold of default under section 4 of the IBC 2016 to Rs 1 crore from the existing threshold of Rs 1 lakh,”

3. This will by and large prevent triggering of insolvency proceedings against micro, small and medium enterprises (MSMEs), she said while announcing a series of relief measures relating to statutory and regulatory compliance matters across sectors in view of COVID-19 outbreak.

“If the current situation continues beyond April 30, 2020, we may consider suspending section 7, 9 and 10 of the IBC 2016 for a period of six months so as to stop companies at large from being forced into insolvency proceedings in such force majeure causes of default,” she said.

4. Spelling out other relief measures, the finance minister said no additional fees will be charged for late filing during a moratorium period from April 1 to September 30 in respect of any document, return, statement etc, required to be filed in the MCA-21 Registry, irrespective of its due date.

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