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Can Public Limited Companies file for bankruptcy?

1. Yes, Public Limited Companies Can File for Bankruptcy

  • In India, Public Limited Companies are allowed to file for bankruptcy under the Insolvency and Bankruptcy Code (IBC), 2016.
  • The IBC provides a legal framework for corporate insolvency resolution and liquidation.
  • A company may voluntarily initiate the process if it is unable to repay its debts and wants to seek protection or restructure.
  • Filing for bankruptcy allows the company to either revive through a resolution plan or be liquidated in an orderly manner.

2. Voluntary Filing by the Company (Debtor-Initiated Insolvency)

  • A Public Limited Company can file a voluntary insolvency application with the National Company Law Tribunal (NCLT) under Section 10 of the IBC.
  • Prerequisites for filing include:
    • A default in repayment of debt (financial or operational)
    • Approval of the application by a majority of directors and shareholders
    • Submission of books of accounts, financial statements, and details of default
  • Upon admission, NCLT appoints an Interim Resolution Professional (IRP) and imposes a moratorium on legal actions and asset recovery.

3. Involuntary Bankruptcy by Creditors

  • Apart from the company itself, creditors can also initiate insolvency proceedings if the company defaults:
    • Financial creditors (e.g., banks, bondholders) under Section 7
    • Operational creditors (e.g., vendors, suppliers) under Section 9
  • The minimum default amount must be ₹1 crore or more to initiate proceedings.
  • Once admitted, the company enters the Corporate Insolvency Resolution Process (CIRP), overseen by a Resolution Professional and the Committee of Creditors (CoC).

4. Resolution or Liquidation

  • The CoC evaluates resolution plans submitted by prospective buyers or investors.
  • If a plan is approved within the 180–330 day timeline, the company is revived and continues operations.
  • If no viable plan is approved, the company is moved into liquidation, where its assets are sold and proceeds distributed as per the IBC’s priority list.
  • The company is eventually dissolved, and its name is removed from the company register.

5. Impact and Regulatory Requirements

  • Filing for bankruptcy has significant consequences:
    • Suspension of the Board of Directors’ powers
    • Public disclosures required for listed companies under SEBI regulations
    • Possible impact on stock price, credit ratings, and employee morale
    • Regulatory filings with ROC, SEBI, and stock exchanges are mandatory during the process.
  • Bankruptcy is not a failure but a legal remedy to protect business value and creditor rights.

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