Role of Insolvency Professionals and Ethical Practices in Insolvency and Bankruptcy Code

  • Dolimoni Gowala
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  • Dolimoni Gowala

    LL.M. student at Assam Rajiv Gandhi University of Cooperative Management, Assam, India

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Abstract

The abstract of professional and ethical practices in the context of the Insolvency and Bankruptcy Code (IBC) revolves around maintaining integrity, transparency, and fairness in the insolvency resolution process. The Practitioners in the IBC ecosystem, such as insolvency professionals and resolution applicants, are expected to adhere to high professional standards, ensuring competency and due diligence in their roles. The ethical practices require identifying and managing conflicts of interest to maintain the independence and impartiality of professionals involved in the process. There must be an open and transparent communication and disclosure of relevant information to all stakeholders, including creditors and the National Company Law Tribunal (NCLT), are essential to ensure fairness. All the creditors and stakeholders should be treated equitably, and the resolution process should prioritize the maximization of value for all creditors, not favoring one group over another. The ethical behavior includes preventing and reporting fraudulent activities during the insolvency proceedings. The adherence of legal and regulatory framework is imperative for all participants in the IBC process. The Professionals should be accountable for their actions and decisions throughout the insolvency resolution journey. In summary, professional and ethical practices in the IBC emphasize integrity, transparency, and a commitment to upholding the interests of all stakeholders while complying with legal and regulatory requirements.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1515 - 1525

DOI: https://doij.org/10.10000/IJLMH.116865

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