IBC 50 — Extortionate credit transactions

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Where  the  corporate  debtor  has  been  a  party  to  an extortionate  credit  transaction  involving  the  receipt  of  financial  or  operational  debt  during  the  period within  two  years  preceding  the  insolvency  commencement  date,  the  liquidator  or  the  resolution professional  as  the  case  may  be,  may  make  an  application  for  avoidance  of  such  transaction  to  the Adjudicating  Authority  if the  terms  of  such  transaction  required  exorbitant payments  to  be  made  by  the corporate debtor.
(2) The  Board  may  specify  the  circumstances  in  which  a  transactions  which  shall  be  covered  under sub-section (1).
Explanation.—For  the  purpose  of  this  section,  it  is  clarified  that  any  debt  extended  by  any  person providing financial services which is in compliance with any law for the time being in force in relation to such debt shall in no event be considered as an extortionate credit transaction.

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