Browsing Working Papers by Author "Raj, Vishakha"
Now showing items 1-7 of 7
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‘Allottees’ as financial creditors: pushing the conceptual limits of the Indian insolvency regime
Raj, Vishakha; M.P., Ram Mohan (Indian Institute of Management Ahmedabad, 2019)The Insolvency and Bankruptcy Code, 2016 (IBC) was amended in June 2018 to include amounts raised from an allottee (any person to whom an apartment or plot in a real estate project has been allotted or sold) in a real ... -
Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2020-01-09)Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross ... -
Disciplining orders under the national financial reporting authority framework: stepping into a strict liability regime
Ram Mohan, M P; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2023-06-05)The National Financial Reporting Authority (NFRA) was established to fill a gap in the oversight of auditors by independent regulatory bodies. Prior to the establishment of the NFRA, only the Institute of Chartered ... -
Insolvency set offs in India: a comparative perspective
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2021-06-01)The overarching objective of the Insolvency and Bankruptcy Code, 2016 (IBC) is to foster rescue culture in India and facilitate the reorganization, restoration and resolution of the corporate debtor rather than its ... -
Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2020-05-08)In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which result in combinations should be green-channelled. This would mean that IRP combinations would be ... -
Pre-packs in the Indian insolvency regime
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2020-08-03)Pre-packaging allows a distressed company to negotiate a plan with its creditors and a purchaser before entering formal insolvency proceedings. By allowing the terms of a plan to be negotiated before formal proceedings, ... -
Section 29A of India’s insolvency and bankruptcy code: an instance of hard cases making bad law?
Ram Mohan, M. P.; Raj, Vishakha (Indian Institute of Management Ahmedabad, 2021-07-01)The Insolvency and Bankruptcy Code, 2016 offers a second chance to a distressed corporation but not its incumbent management. Section 29A of the IBC excludes promoters and the incumbent management of corporations with ...