Pre-Packed Insolvency Resolution Process(PPIRP)- Boon for MSME’s !

PPIRP is aimed at helping a Corporate Debtor(MSME) restructure its debts so that it may start afresh.It is an informal arrangement for the resolution of the debt of a stressed company through an agreement between creditors and debtors without initiation of insolvency proceedings and thus alleviating the stress attached.

How PPIRP can be initiated?

(A) Pre-initiation phase:

The promoter/ management of the corporate MSME has to initially obtain approval of 66% of financial creditors and in their absence operational creditors for initiating PPIRP and an Insolvency Professional is appointed. The approval of members by way of special resolution is also required which can also be obtained by 3/4th directors/ partners of the Corporate Debtor. The Base resolution plans have to be then formulated by the Corporate Debtor which has to be approved by the 66% Financial Creditors.

Once the base plan is approved by the members and financial creditors of the Company, the same is moved before the Adjudicating Authority for its approval. On receipt of the application, the Adjudicating authority considers and approves the resolution plan which is compliant as per the applicable sections of IBC Code, 2016 and PPIRP regulations. The Adjudicating Authority also appoints Resolution Professional to manage the resolution process.

(B) The Post Initiation Phase:

  • The list of claims are submitted by the Corporate Debtor to the Resolution Professional for collating and deciding on the claims and formation of CoC. The CoC is formed within 7 days of the commencement of PPIRP, i.e. on the date of admission of application by the Adjudicating Authority.
  • The resolution professional shall finalize the information memorandum with details under regulation and submit to members of the committee within 14 days.
  • The base resolution plan (BRP) is submitted before the CoC and the basis of evaluation of resolution plan is disclosed by the Resolution Professional before the CoC. After the approval of the resolution plan by 66% of the members of CoC the same is submitted before the Adjudicating Authority within 90 days of the commencement of CIRP otherwise PPIRP terminates.
  • In case the base resolution plan is not considered by the CoC, the Resolution Professional may invite the Resolution Plan by making advertisements and calling for expression of interest.
  • The CoC in such circumstances will have to choose the best available resolution plan and approve for filling before the Adjudicating Authority.

The initiation of PPRIP under the Insolvency and Bankruptcy Laws has come as a silver lining to the dark clouds of the MSME Sector.  The management and employees working for MSME are having a tough time in channelizing and carrying the day-to-day business of the company post covid-19. This suffering could lead to ultimate closure of the business but with the amendment in the IBC with the PPIRP Laws there is a new scope of resolution and revival for the MSMEs.

For any further clarification or assistance, please feel free to contact us.

Disclaimer: The contents of this presentation are solely for informational purposes. The material contained in this presentation does not constitute/substitute professional advice that may be required before acting on any matter. While every care has been taken in the preparation of this presentation to ensure its accuracy at the time of publication, the sender assumes no responsibility for any errors which, despite all precautions, may be found herein. In no event shall we be liable for direct or indirect or consequential damages, if any, arising out of or in any way connected with the use of this presentation or the information contained herein.

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