IBC 49 — Transactions defrauding creditors

Insolvency & Bankruptcy Code, 2016

Statutory text

Where   the   corporate   debtor   has   entered   into   an undervalued transaction as referred to in sub-section (2) of section 45 and the  Adjudicating Authority is satisfied that such transaction was deliberately entered into by such corporate debtor—
(a) for keeping assets  of the  corporate  debtor beyond the  reach of any person  who is  entitled to make a claim against the corporate debtor; or (b) in order to adversely affect the interests of such a person in relation to the claim, the Adjudicating Authority shall make an order—
(i)  restoring  the  position  as  it  existed  before  such  transaction  as  if  the  transaction  had  not  been entered into; and (ii) protecting the interests of persons who are victims of such transactions:
Provided that an order under this section—
(a)  shall  not  affect  any  interest  in  property  which  was  acquired  from  a  person  other  than  the corporate  debtor  and  was  acquired  in  good  faith,  for  value  and  without  notice  of  the  relevant circumstances, or affect any interest deriving from such an interest, and (b) shall not require a person who received a benefit from the transaction in good faith, for value and  without  notice  of  the  relevant  circumstances  to  pay  any  sum  unless  he  was  a  party to  the transaction.

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