Law4u - Made in India

How Does IBC Deal With Cross-Border Assets?

Answer By law4u team

The Insolvency and Bankruptcy Code (IBC) primarily governs insolvency proceedings within India and does not have explicit comprehensive provisions for direct control or recovery of cross-border assets. The treatment of foreign assets during insolvency is complex, requiring coordination between Indian insolvency authorities and foreign jurisdictions, often relying on international cooperation and existing legal frameworks.

Treatment of Cross-Border Assets Under IBC

Lack of Explicit Provisions

The IBC currently lacks specific sections dealing exclusively with the management or recovery of assets located outside India.

Role of Insolvency Professionals

Insolvency professionals may take steps to identify and report foreign assets, but recovery depends on cooperation with foreign courts and laws.

Jurisdictional Challenges

Indian tribunals like NCLT have jurisdiction over Indian companies but cannot directly enforce claims on assets situated abroad without foreign court recognition.

International Cooperation

Recovery of cross-border assets generally requires mutual legal assistance, recognition of Indian insolvency proceedings by foreign courts, or parallel insolvency proceedings abroad.

Potential for Cross-Border Insolvency Framework

India is exploring incorporating cross-border insolvency provisions based on the UNCITRAL Model Law to facilitate coordinated asset recovery and creditor protection.

Asset Repurchase and Liquidation

Assets located outside India may be liquidated or managed under foreign insolvency laws, with proceeds potentially repatriated to the Indian insolvency estate.

Legal Context and Examples

Section 60, IBC – Jurisdiction of NCLT

Pending legislative proposals – Cross-border insolvency amendments

Current reliance on comity principles for international cooperation

Example

An Indian corporate debtor owns property in the UK. During insolvency, the insolvency professional coordinates with UK courts to initiate parallel insolvency proceedings or enforcement actions to liquidate the property. The proceeds are then sent back to India to be distributed among creditors under the IBC.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajashekar N M

Advocate Rajashekar N M

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Wills Trusts, Revenue, Customs & Central Excise

Get Advice
Advocate Shrey Parashar Sharma

Advocate Shrey Parashar Sharma

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Revenue

Get Advice
Advocate Shubhendra B Khuman

Advocate Shubhendra B Khuman

Civil, Criminal, Family, High Court, Revenue

Get Advice
Advocate Srishti Priya

Advocate Srishti Priya

Cheque Bounce, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Domestic Violence, Family, GST, R.T.I, Property, Recovery, Succession Certificate, Startup, Tax, RERA, Supreme Court, Trademark & Copyright

Get Advice
Advocate Akash Khurcha

Advocate Akash Khurcha

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Trademark & Copyright

Get Advice
Advocate Mukhtar Waseem

Advocate Mukhtar Waseem

Insurance, Criminal, Cyber Crime, Divorce, Civil, Corporate, Consumer Court, Family, High Court, Domestic Violence, Labour & Service, Landlord & Tenant, Anticipatory Bail, Muslim Law, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Arbitration, Banking & Finance, Medical Negligence, RERA, Succession Certificate

Get Advice
Advocate M Shriniwas

Advocate M Shriniwas

Anticipatory Bail, Bankruptcy & Insolvency, Civil, Banking & Finance, Cheque Bounce, Criminal, Cyber Crime, High Court, Insurance, Motor Accident, Muslim Law, Supreme Court, Documentation, GST, Breach of Contract, Family, Divorce, Corporate, Consumer Court, Customs & Central Excise

Get Advice
Advocate Satendra Singh

Advocate Satendra Singh

Anticipatory Bail, Cheque Bounce, Corporate, Court Marriage, Customs & Central Excise, Criminal, Documentation, Domestic Violence, Family, High Court

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.