How the Insolvency and Bankruptcy Code reshaped the position of homebuyers in distressed real estate projects — and what it means in practice. The Insolvency and Bankruptcy Code, 2016 (IBC) recognises homebuyers as financial creditors in real estate insolvency proceedings in India. This means homebuyers can participate in the Corporate Insolvency Resolution Process (CIRP), vote through an authorised representative in the Committee of Creditors (CoC), and...
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Joel John Roy
The Insolvency and Bankruptcy Code, 2016 (“IBC”) has fundamentally reshaped the way financial distress and debt defaults are addressed in India. For creditors, it provides an effective framework for seeking resolution of unpaid debts. For businesses, however, the receipt of an insolvency petition can be an alarming development with potentially significant legal and commercial consequences....
The moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 is one of the most significant protections available during the Corporate Insolvency Resolution Process (CIRP). Once an insolvency application is admitted by the National Company Law Tribunal (NCLT), a temporary legal restraint comes into force that prevents creditors and other stakeholders from initiating...
Abu Dhabi’s mainland real estate laws traditionally restrict property ownership to UAE nationals (and companies wholly owned by them) except in special cases. Abu Dhabi Law No. 19 of 2005 (Real Property Ownership) and its amendments set out who may acquire mainland property. As amended in 2019, Article 3 of Law 19/2005 limits ownership rights to: (a)...
Explore how UAE onshore law addresses employee confidentiality and non-compete breaches with civil damages, criminal penalties, and termination rights—plus strategies for employers to safeguard sensitive business information. In the UAE, protecting confidential business information is not just a contractual obligation—it is a legal imperative. When employees breach confidentiality or violate non-compete clauses, the fallout...
What is an exempt offer in ADGM and when can you use it? Can you raise capital without issuing a full prospectus? Explore private placements and exempt offers under ADGM regulations, including eligibility criteria, investor thresholds, structuring options, and legal nuances for foreign and local fund managers. In recent years, the Abu Dhabi Global...