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
- A default in repayment of debt (financial or operational)
- 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
- Financial creditors (e.g., banks, bondholders) under Section 7
- 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.
- Suspension of the Board of Directors’ powers
- Bankruptcy is not a failure but a legal remedy to protect business value and creditor rights.
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