ARCK - The NPA Resolution Professionals, Insolvency Professional, Resolution Professional, Insolvency Cases

Overview

India's economy is currently navigating the challenges of a massive stressed asset burden, necessitating focused efforts to stabilize and restore financial resilience. ARCK Group is at the forefront of providing innovative and effective solutions to the stressed asset crisis.

With deep expertise in insolvency resolution and strong relationships with leading Banks and Financial Institutions, we deliver structured and comprehensive solutions to tackle corporate financial distress. Our multi-disciplinary team has successfully driven numerous high-profile cases, leveraging their knowledge and skills to chart the most effective paths to resolution.

At ARCK, we ensure seamless management of assets during the corporate insolvency resolution process, maximizing value for creditors. Our proven track record includes achieving significant recoveries, resolving debts worth thousands of crores, and delivering results in some of India's most intricate insolvency cases.

Specialized Advisory Services

ARCK provides end-to-end advisory and execution support tailored to meet diverse stakeholder needs during the corporate insolvency and resolution process. Our services include:

Comprehensive Resolution Process Support
- End-to-end guidance for the Corporate Insolvency Resolution Process (CIRP), working alongside Resolution Professionals (RPs).
Strategic Investor Engagement
- Identifying and onboarding strategic investors and managing critical negotiations.
Evaluation and Bid Support
- Assisting Financial Creditors (FCs) in bid evaluation, resolution plan vetting, and compliance checks.
Resolution Plan Advisory for Prospective Applicants
- Advisory and hands-on support for Prospective Resolution Applicants in the preparation, structuring, and submission of resolution plans, ensuring alignment with regulatory frameworks and creditor expectations.
Seamless Implementation
- Facilitating the effective execution of approved resolution plans to drive recovery and revitalization.

FAQs

What is the purpose of enactment of the Insolvency and Bankruptcy Code, 2016?

As per Preamble to the Code, the purpose of this Act is as follows:- (a) To consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals. (b) To fix time periods for implementation of the Code in a time bound manner. (c) To maximize the value of assets of stakeholders. (d) To promote entrepreneurship. (e) To increase/stimulate availability of credit. (f) To balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues. (g) To establish an Insolvency and Bankruptcy Board of India as a regulatory body for the Code.

To whom shall the provisions of the Code apply?

According to Section 2, the provisions of the Code shall apply for insolvency, liquidation, voluntary liquidation or bankruptcy, as the case may be, of the following entities:- (a) any company incorporated under the Companies Act, 2013 or under any previous company law; (b) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; (c) any Limited Liability Partnership incorporated under the Limited Liability Partnership Act 2008; (d) such other body incorporated under any law for the time being in force, as the Central Government may, by notification, specify in this behalf; (e) personal guarantors to corporate debtors; (f) partnership firms and proprietorship firms; (g) and individuals, other than persons referred to in clause (e).

Define the term dispute under the Code?

As per Section 5 (6) of the Code, “Dispute” includes a suit or arbitration proceedings relating to – (a) The existence of the amount of debt; (b) The quality of goods or service; (c) or the breach of a representation or warranty.

What is the significance of the Corporate Insolvency Resolution Commencement Date?

The commencement date of the corporate insolvency resolution process is the beginning of moratorium or a calm period under Section 14 of the Code till the completion of the corporate insolvency resolution process during which all suits and legal proceedings etc. against the Corporate Debtor are kept in abeyance to give time to the entity to achieve value maximization and resolution.

Whether an admitted application may be withdrawn under section 7, 9 or 10?

Yes, as per Section 12A of the Code, the Adjudicating Authority may allow the withdrawal of application admitted under section 7,9, or 10, on an application made by the applicant with the approval of ninety per cent voting share of the Committee of Creditors, in such manner as may be specified.

Who is an “Administrator”?

As per Rule 3(1)(a), “Administrator” means an individual appointed by the Adjudicating Authority under rule 5(a)(iii), to exercise the powers and functions of the insolvency professional, interim resolution professional, resolution professional or the liquidator for the purpose of insolvency and liquidation proceedings of a financial service provider.

Whether the provisions of this Code override other laws?

As per section 238 of the Code, the provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

Advisors