IBC 45 — Avoidance of undervalued transactions

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) If the liquidator or the resolution professional, as the  case  may  be,  on  an  examination  of  the  transactions  of  the  corporate  debtor  referred  to  in sub-section  (2)

*** determines  that  certain  transactions  were  made  during  the  relevant  period  under section  46,  which  were  undervalued,  he  shall  make  an  application  to  the  Adjudicating  Authority  to declare  such  transactions  as  void  and  reverse  the  effect  of  such  transaction  in  accordance  with  this Chapter.
(2) A transaction shall be considered undervalued where the corporate debtor—
(a) makes a gift to a person; or (b) enters into a transaction with a person which involves the transfer of one or more assets by the corporate  debtor  for  a  consideration  the  value  of  which  is  significantly  less  than  the  value  of  the consideration provided by the corporate debtor, and such transaction has not taken place in the ordinary course of business of the corporate debtor.

Back to IBC