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Recently the central government promulgated an ordinanceallowing the use of pre-packs as an insolvency resolution mechanism for Micro, Small and Medium Enterprises (MSMEs) with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code. Consider the following statements regarding Pre-packs.
1. A pre-pack is the resolution of the debt of a distressed company through an agreement between creditors and investors wherein creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
2. A resolution professional takes control of management of the debtor in the case of pre-packs.
3. The pre-pack mechanism allows for a swiss challenge for any resolution plans.
Which of the above statements is/are correct?
  • a)
    1 only 
  • b)
    1, 3 
  • c)
    2, 3 
  • d)
    1, 2, 3
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Recently the central government promulgated an ordinanceallowing the u...
The central government has promulgated an ordinance allowing the use of pre-packs as an insolvency resolution mechanism for Micro, Small and Medium Enterprises (MSMEs) with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code.
A pre-pack is the resolution of the debt of a distressed company through an agreement between secured creditors and investors instead of a public bidding process.
Under the pre-pack system, financial creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
What are the benefits of pre-packs over the Corporate Insolvency Resolution Process (CIRP)?
  • One of the key criticisms of the CIRP has been the time taken for resolution.  At the end of December 2020, over 86 per cent of the 1717 ongoing insolvency resolution proceedings had crossed the 270-day threshold. One of the key reasons behind delays in the CIRPs are prolonged litigations by erstwhile promoters and potential bidders.
  • The pre-pack in contrast is limited to a maximum of 120 days with only 90 days available to the stakeholders to bring the resolution plan to the NCLT.
  • Another key difference between pre-packs and CIRP is that the existing management retains control in the case of pre-packs while a resolution professional takes control of the debtor as a representative of financial creditors in the case of CIRP.
The pre-pack mechanism allows for a swiss challenge for any resolution plans which proved less than full recovery of dues for operational creditors. Under the swiss challenge mechanism, any third party would be permitted to submit a resolution plan for the distressed company and the original applicant would have to either match the improved resolution plan or forego the investment.
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Recently the central government promulgated an ordinanceallowing the use of pre-packs as an insolvency resolutionmechanism for Micro, Small and Medium Enterprises (MSMEs) with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code. Consider the following statements regarding Pre-packs.1. A pre-pack is the resolution of the debt of a distressed company through an agreement between creditors and investors wherein creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).2. A resolution professional takes control of management of the debtor in the case of pre-packs.3. The pre-pack mechanism allows for a swiss challenge for any resolution plans.Which of the above statements is/are correct?a)1 onlyb)1, 3c)2, 3d)1, 2, 3Correct answer is option 'B'. Can you explain this answer?
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Recently the central government promulgated an ordinanceallowing the use of pre-packs as an insolvency resolutionmechanism for Micro, Small and Medium Enterprises (MSMEs) with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code. Consider the following statements regarding Pre-packs.1. A pre-pack is the resolution of the debt of a distressed company through an agreement between creditors and investors wherein creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).2. A resolution professional takes control of management of the debtor in the case of pre-packs.3. The pre-pack mechanism allows for a swiss challenge for any resolution plans.Which of the above statements is/are correct?a)1 onlyb)1, 3c)2, 3d)1, 2, 3Correct answer is option 'B'. Can you explain this answer? for Current Affairs 2024 is part of Current Affairs preparation. The Question and answers have been prepared according to the Current Affairs exam syllabus. Information about Recently the central government promulgated an ordinanceallowing the use of pre-packs as an insolvency resolutionmechanism for Micro, Small and Medium Enterprises (MSMEs) with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code. Consider the following statements regarding Pre-packs.1. A pre-pack is the resolution of the debt of a distressed company through an agreement between creditors and investors wherein creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).2. A resolution professional takes control of management of the debtor in the case of pre-packs.3. The pre-pack mechanism allows for a swiss challenge for any resolution plans.Which of the above statements is/are correct?a)1 onlyb)1, 3c)2, 3d)1, 2, 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for Current Affairs 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Recently the central government promulgated an ordinanceallowing the use of pre-packs as an insolvency resolutionmechanism for Micro, Small and Medium Enterprises (MSMEs) with defaults up to Rs 1 crore, under the Insolvency and Bankruptcy Code. Consider the following statements regarding Pre-packs.1. A pre-pack is the resolution of the debt of a distressed company through an agreement between creditors and investors wherein creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).2. A resolution professional takes control of management of the debtor in the case of pre-packs.3. The pre-pack mechanism allows for a swiss challenge for any resolution plans.Which of the above statements is/are correct?a)1 onlyb)1, 3c)2, 3d)1, 2, 3Correct answer is option 'B'. Can you explain this answer?.
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