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

Overview

With a huge-stressed asset size, the Indian economy is in distress and focus on stabilizing the situation for solid financial standing is of utmost importance. ARCK provides an effective resolution to the stressed asset crisis. We leverage our valuable expertise in this domain and our long-standing relationships with Banks/Financial Institutions to structure comprehensive solutions for addressing insolvency faced by companies. Our team has been involved in several significant cases for resolution of stressed assets, we utilise the skills and knowledge of our multi-faceted team to the maximum potential and find the best path for resolution.

Leveraging our strong operational heritage, we effectively manage assets during the corporate insolvency resolution period, ensuring maximum value for creditors, Liquidation process Our proven track record includes delivering successful outcomes in some of the country's most complex insolvency cases, resolving thousands of crores of debt and achieving the best possible recovery for lenders

Enforcement under SARFAESI

Auction
Assistance in enforcement of security interest
Sale of core and non-core assets.
One time settlement.
Recovery
Scouting for buyers and investors

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.

SARFAESI