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Insolvency and Bankruptcy Code, 2016

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Insolvency and Bankruptcy Code, 2016 (IBC) is an Indian law that provides a legal framework for the reorganisation and insolvency resolution of corporate persons, partnership firms, and individuals in a time-bound manner. The Code seeks to maximize the value of assets, promote entrepreneurship and availability of credit, and balance the interests of stakeholders. It also established the Insolvency and Bankruptcy Board of India (IBBI).

The Code was enacted as Act No. 31 of 2016 on 28 May 2016. It extends to the whole of India, with its provisions brought into force in stages through government notifications.

Objectives

The principal objectives of the IBC include:

  • reorganisation and insolvency resolution within a time-bound framework;
  • maximisation of the value of assets;
  • promotion of entrepreneurship;
  • promotion of availability of credit;
  • balancing the interests of stakeholders;
  • establishing a framework for insolvency professionals and information utilities;
  • providing mechanisms for corporate liquidation and individual bankruptcy.

These objectives are reflected in the long title of the Code. :contentReference[oaicite:2]{index=2}

Scope

The IBC provides frameworks relating to:

  • corporate insolvency resolution;
  • corporate liquidation;
  • pre-packaged insolvency resolution;
  • fast-track corporate insolvency resolution;
  • voluntary liquidation of corporate persons;
  • insolvency resolution of individuals and partnership firms;
  • bankruptcy of individuals and partnership firms;
  • insolvency professionals;
  • insolvency professional agencies;
  • information utilities;
  • related offences and penalties.

The Code is divided into five Parts covering these areas.

Corporate insolvency resolution process

The Corporate Insolvency Resolution Process (CIRP) is the principal insolvency-resolution mechanism for corporate persons under the Code.

Applications to initiate CIRP may be made by eligible:

  • financial creditors;
  • operational creditors;
  • corporate applicants.

The Code contains separate provisions governing initiation by financial creditors, operational creditors, and corporate applicants.

Financial creditor

A financial creditor is a creditor in relation to a financial debt as defined by the Code.

Financial creditors can initiate the corporate insolvency resolution process in accordance with the applicable provisions of the Code.

Operational creditor

An operational creditor is a creditor in relation to an operational debt as defined by the Code.

The Code provides a separate procedure through which an operational creditor may seek initiation of CIRP, subject to the statutory requirements.

Corporate applicant

A corporate applicant is a corporate person or other person falling within the definition provided by the Code that may initiate insolvency proceedings against the relevant corporate debtor under the applicable provisions.

Corporate insolvency resolution process

Once CIRP is admitted, the process is administered according to the framework established by the Code and the applicable regulations.

Key elements include:

  • appointment of an interim resolution professional;
  • public announcement;
  • collection and verification of claims;
  • constitution of the committee of creditors;
  • management of the corporate debtor during the resolution process;
  • preparation and consideration of resolution plans;
  • approval or rejection of a resolution plan;
  • liquidation where resolution is unsuccessful or otherwise required under the Code.

The detailed procedural requirements are provided by the Code and regulations made under it.

Committee of creditors

The committee of creditors (CoC) is a body constituted during the corporate insolvency resolution process primarily from financial creditors.

The committee plays a central role in considering and voting on resolution plans and making specified decisions during the insolvency-resolution process.

The voting requirements and powers of the committee are governed by the Code.

Resolution professional

An insolvency professional may be appointed to administer an insolvency process.

During CIRP, the resolution professional performs functions prescribed by the Code and applicable regulations, including managing the process, collecting information and claims, and facilitating consideration of resolution plans.

The IBBI regulates insolvency professionals and related institutions.

Resolution plan

A resolution plan is a proposal for resolving the insolvency of a corporate debtor in accordance with the requirements of the Code.

A resolution plan may provide for measures such as:

  • restructuring of debt;
  • alteration of capital structure;
  • sale or transfer of assets;
  • merger or consolidation;
  • other measures permitted under the Code.

A plan that satisfies the statutory requirements and receives the required approval may be submitted to the adjudicating authority for approval.

Moratorium

A moratorium is a statutory period during which specified legal actions and proceedings against the corporate debtor are restricted in accordance with the Code.

The purpose of the moratorium is to provide a period during which the insolvency-resolution process can proceed without specified forms of enforcement or disruption.

The scope and exceptions to the moratorium are determined by the applicable provisions of the Code.

Liquidation

Liquidation is the process through which the assets of a corporate debtor are realized and distributed according to the statutory framework when resolution is unsuccessful or when liquidation is otherwise ordered under the Code.

The Code contains a dedicated framework for corporate liquidation.

The liquidation process includes:

  • appointment of a liquidator;
  • verification and admission of claims;
  • realization of assets;
  • distribution of proceeds;
  • dissolution of the corporate debtor in accordance with the applicable provisions.

Pre-packaged insolvency resolution process

The Code provides a pre-packaged insolvency resolution process for eligible corporate persons meeting the statutory requirements.

The framework is intended to provide a structured insolvency-resolution mechanism that can operate with greater involvement of the existing management, subject to the safeguards and requirements established by the Code.

The pre-packaged process is separately provided for in Part II of the Code.

Fast-track corporate insolvency resolution

The Code provides a fast-track corporate insolvency resolution process for specified categories of corporate debtors.

The process is designed to operate within a shorter statutory framework than the ordinary corporate insolvency resolution process, subject to eligibility and applicable requirements.

Voluntary liquidation

The IBC provides a framework for voluntary liquidation of corporate persons that meet the applicable statutory requirements.

Voluntary liquidation differs from insolvency resolution because it concerns the orderly winding up of an eligible solvent corporate person rather than resolution of an insolvent corporate debtor.

Insolvency and bankruptcy of individuals

Part III of the Code establishes frameworks for insolvency resolution and bankruptcy involving individuals and partnership firms.

It includes provisions concerning:

  • fresh start processes;
  • insolvency resolution;
  • bankruptcy orders;
  • administration and distribution of the estate of a bankrupt;
  • adjudicating authorities;
  • offences and penalties.

The Code also contains provisions specifically relating to personal guarantors to corporate debtors.

Insolvency and Bankruptcy Board of India

The Insolvency and Bankruptcy Board of India (IBBI) was established on 1 October 2016 under the Code.

The IBBI regulates:

  • insolvency professionals;
  • insolvency professional agencies;
  • insolvency professional entities;
  • information utilities.

It also regulates and oversees insolvency-related processes under the Code.

Insolvency professionals

Insolvency professionals are regulated professionals who perform functions in insolvency, resolution, liquidation, and related processes.

The IBC establishes a regulatory framework for their registration, conduct, and professional responsibilities.

Information utilities

Information utilities are institutions established within the IBC framework to collect, authenticate, and provide financial information relevant to insolvency proceedings.

Information utilities are regulated by the IBBI.

Adjudicating authorities

The IBC establishes different adjudicating authorities for different categories of insolvency proceedings.

For corporate persons, the National Company Law Tribunal (NCLT) generally functions as the adjudicating authority under the Code, subject to the applicable statutory provisions.

For individuals and partnership firms, the applicable adjudicating authority is determined under Part III of the Code.

Appellate framework

Orders made by the adjudicating authorities under the Code may be subject to appeal through the statutory appellate framework.

The National Company Law Appellate Tribunal (NCLAT) performs an important appellate role in corporate insolvency matters, subject to the jurisdiction established by the Code.

Appeals from specified decisions may ultimately reach the Supreme Court of India in accordance with the applicable law.

Insolvency regulations

The IBC operates together with rules and regulations made under its provisions.

The IBBI maintains regulations covering areas including:

  • insolvency resolution for corporate persons;
  • liquidation;
  • pre-packaged insolvency resolution;
  • voluntary liquidation;
  • insolvency professionals;
  • information utilities;
  • personal guarantors;
  • inspection and investigation.

The regulatory framework is periodically amended. The IBBI's current materials show regulations amended through 2026.

Amendments

The IBC has been amended several times since its enactment.

Amendments have addressed areas including:

  • corporate insolvency resolution;
  • pre-packaged insolvency;
  • liquidation;
  • personal guarantors;
  • creditor rights;
  • procedural requirements;
  • institutional and regulatory matters.

The IBBI's legal-framework records include the Insolvency and Bankruptcy Code (Amendment) Act, 2026, as well as earlier amendments.

Importance

The Insolvency and Bankruptcy Code, 2016 established a consolidated legal framework for insolvency resolution and bankruptcy in India. It replaced a fragmented framework with processes covering corporate insolvency resolution, liquidation, individual insolvency, bankruptcy, insolvency professionals, and information utilities. The Code is intended to facilitate time-bound resolution, maximize asset value, promote credit availability and entrepreneurship, and balance stakeholder interests.

See also

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