Insolvency & Bankruptcy (IBR) Services
We advise and represent stakeholders across the insolvency ecosystem, including creditors, debtors, resolution professionals, and investors.
Our Key Services Include:
Advisory under the Insolvency and Bankruptcy Code, 2016
Representation before NCLT, NCLAT, and other competent forums
Initiation and defence of CIRP proceedings
Advisory on corporate debt restructuring
Support in liquidation and voluntary liquidation processes
Assistance to financial and operational creditors
Resolution plan advisory and compliance review
Our approach is focused on timely resolution, risk mitigation, and statutory compliance, ensuring minimal disruption to business continuity where possible.
EDD in Mergers & Acquisitions
Enhanced Due Diligence (EDD) is a critical component of successful mergers, acquisitions, and investments. We assist clients in identifying legal, regulatory, financial, and operational risks before transaction execution.
Scope of Our EDD Services:
Legal due diligence of target entities
Employment and labour law compliance review
Regulatory approvals and sector-specific compliance checks
Review of contracts, liabilities, and contingent risks
Identification of insolvency exposure and litigation risks
Advisory on transaction structuring and risk allocation
Our EDD process helps clients make informed decisions, avoid post-transaction disputes, and ensure long-term value creation.
How These Matters Are Processed
Insolvency Matters: Initiated before the National Company Law Tribunal (NCLT) under prescribed statutory timelines, followed by resolution or liquidation processes.
M&A and EDD: Conducted pre-transaction through structured legal reviews, followed by drafting, negotiation, and regulatory filings as required under Indian law.
How Clients Should Prepare
Clients are advised to:
Maintain accurate financial and corporate records
Disclose existing disputes, liabilities, and regulatory notices
Identify commercial objectives and risk tolerance
Engage legal counsel at an early stage to avoid complications
Early legal involvement significantly improves outcomes in both insolvency and transactional matters.
Approach of Lautre Legal Chambers
Practical experience with Indian insolvency and corporate laws
Balanced approach combining litigation strategy and commercial insight
Clear, transparent advice tailored to business objectives
Strong focus on compliance, timelines, and stakeholder protection
Frequently Asked Questions (FAQs)
1. What is Insolvency under Indian law?
Insolvency refers to a situation where a company or individual is unable to pay debts as they become due. In India, insolvency proceedings are governed by the Insolvency and Bankruptcy Code, 2016.
2. Who can initiate insolvency proceedings?
Financial creditors, operational creditors, or the corporate debtor itself may initiate insolvency proceedings before the NCLT, subject to statutory requirements.
The Corporate Insolvency Resolution Process (CIRP) is a time-bound process aimed at resolving insolvency through restructuring or resolution plans instead of liquidation.
4. What is Enhanced Due Diligence (EDD) in M&A?
EDD is an in-depth legal and regulatory review of a target entity to identify risks that may impact valuation, compliance, or transaction viability.
5. Is EDD mandatory for all mergers and acquisitions?
While not legally mandatory, EDD is strongly recommended to mitigate legal, regulatory, and financial risks before entering into a transaction.
6. How does insolvency impact mergers or acquisitions?
An entity under insolvency may be acquired through resolution plans or asset sales, subject to IBC procedures and approval of the adjudicating authority.
7. How long do insolvency proceedings take?
CIRP is statutorily required to be completed within prescribed timelines, subject to extensions granted by competent authorities.
8. Can individual promoters or directors be personally liable?
Personal liability depends on the facts of the case, including statutory violations, guarantees, or fraudulent conduct, as determined under applicable laws.
For expert guidance on Insolvency, Bankruptcy, and M&A Due Diligence, contact Lautre Legal Chambers (LLC Pune). Our team is committed to delivering legally robust and commercially sound solutions tailored to your business needs.
