Practical Insolvency Management: Business Operations, Administration & Strategy
This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.
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6 Month
6-8 hrs/week
Rs. 60000
Price
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Syllabus
Key business models and role of debtBank financePrivate credit transactions & venture debtBond/debenture issuanceSupply-chain financingDiscounting dealsRevenue-based financingOther 3rd-party financing collaborations for EMI - B2C businessesTreatment of guarantors and co-guarantorsJunior vs. senior debt, subordination clausesOperational vs. financial debt
Identifying financial and operational creditors based on different transactionsHow to evaluate and categorise applications of financial creditors & operational creditorsHow to run the procedure and proceedings for admission of claimsWhat is the necessary documentation to admit or reject claimsCollation, verification and validation of claims against the CDEnforceability of debt - understanding stamp duty & valid execution requirementsHow to deal with challengesDrafting a Public Announcement Notice regarding initiation of Insolvency proceedingsDrafting and issuance of notices to creditors and other stakeholdersConstitution of the CoC
Convening CoC meetings & preparing agendas, minutes, and resolutionsTypical areas of assistance needed by RPs from professionalsHow to set up and manage the voting process for key decisionsHow to participate in claim process and CoC meetings as a representative of the committee of creditors
How to ensure that business keeps running and minimise ongoing lossesHow to deal with existing management and employeesHow to identify where costs can be optimisedShould RPs take business decisions and on what frontsWhere to avail assistance of specialistsWhere to take inputs from the board of directors
Determining the financial position of the CD, collecting, analysing financial statements, bank statementsCollecting information relating to the CD’s business operations, financial and operational payments, list of assets and liabilitiesAppointing valuers to assess the assets of the corporate debtor for potential sale or restructuring, preparing necessary reports thereonSecuring assets of the CD and managing its day-to-day operations to keep it a going concern
Preparing an Information Memorandum for formulation of a Resolution Plan in terms of Regulation 36 (2) of the CIRP RegulationsInviting prospective applicants to submit their proposed resolution plans & assessing the plans’ validity against statutory criteriaAssisting the CoC in evaluation of resolution plansHow to assess and evaluate the feasibility and viability of the submitted resolution plansRefining the plans to devise the most effective resolution strategyRaising interim finance for the CIRP
Organising voting on the resolution plansHow to check compliance with statutory requirementsFiling of the approved resolution plan with the National Company Law Tribunal (NCLT) for approvalForwarding all records relating to the conduct of the corporate insolvency resolution process and the resolution plan to the Insolvency and Bankruptcy Board of IndiaHow to deal with challenges before the NCLT
Role of RP in implementationAdministration of meetingsKey documents and procedures to runIdentifying & ironing out post-approval gaps in the implementation of the resolution planReporting to the CoC and NCLT on progress, issues, and financial health of the CDClosure of the CIRP process
How to represent the RPs caseCommon orders of the NCLT/NCLAT/Supreme Court and how to comply with themWhat to do if preferential, undervalued, fraudulent transactions are detected
Role of liquidation professional during the liquidation processMethods of liquidationConducting an assessment of the fair values of assets, and a preparation of the liquidation value assessmentImplementation through waterfallWhat to do if an entity proposes to buy the business as a going concern
Maintaining records, documents, and communications related to the CIRPManaging financial records, including receipts and expenditures incurred during the processEnsuring compliance with all regulatory and statutory requirements throughout the CIRPHandling filings with the Registrar of Companies (RoC) as requiredPreparing minutes of meetings for the CoC and other stakeholder gatheringsDrafting and sending communication letters to stakeholders, including creditors, regulatory bodies, and other relevant partiesFacilitating any audits or reviews requested by CoC
Preparation and submission of a final report upon completion of the CIRP, summarising all activities, outcomes, and financial distributionsOverseeing compliance with the resolution plan post-implementation
Business Plan & Financial Projection: Plan for the business to ensure that it remains a going concern, including its management and control during the resolution plan’s termDetailed description of the Resolution Applicant’s profile, experience in the given sector, and SWOT analysisDetailed proposition for appointment of board directors, employee retention, technical experts and key business, legal, employment, tax, intellectual property and liability issuesExecutive overview highlighting the main elements of the plan, such as how creditors will be treatedDetails of payment as prioritised to different creditors alongwith the payment timelines & implementation scheduleResolution tools proposed to restructure the entityResolvability assessment, identifying potential impediments to implementation of the resolution toolsDetails of required steps to resolve the insolvency of the CD, including those of any transfer or sale of assets or parts thereof
How to identify the appropriate RP based on cost and other criteriaHow to conduct financial audit from a creditor’s perspective prior to insolvencyHow to establish your claim and be part of the CoCHow to protect your client’s interest when the evaluation matrix is being preparedHow to evaluate a resolution plan from a creditor’s perspectiveHow to prepare reports & updates for the investment committee or management or business teamsHow to review financial documents from an insolvency perspectiveHow to challenge RP’s actions or CoC’s actions if you are a minority creditor or the decision is against your interestHow to identify fraudulent/preferential transactions and highlight them to the CoC/RP or the NCLTHow to liaise with external professional services firms & business consultants
Course Plan
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Practical Insolvency Management: Business Operations, Administration & Strategy
At Lawsikho, we also offer EMI plans in collaboration with our partners, making it easier for you to finance your courses. To learn more and check your eligibility, simply fill out the form, and our team members will connect with you for further information and next steps.