Highlighting the Significance for Businesses Facing Financial Challenge In today's dynamic business landscape, companies encounter unforeseen financial challenges that can potentially jeopardize their stability and growth due to economic downturns, market fluctuation, internal operational issues, etc., which require strategic foresight and decisive actions. This is the point where the business needs a pre-packaged insolvency solution to get a pathway to renew its success. A pre-packaged approach empowers companies to address financial distress and offers a streamlined and efficient method to restructure debt resolution and revitalize overall financial health. Our pre-packaged insolvency solutions help the business to emerge stronger, more resilient and well-positioned for future growth because we understand the unique challenges businesses face and support by guiding the businesses through complexities towards a brighter financial future. What are the Pre Pack Insolvency Resolutions Processes? The Insolvency and Bankruptcy Code, 2016 was introduced to consolidate and amend the laws relating to the reorganization and insolvency resolution of corporate persons, partnership firms, and individuals. The IBC has undergone many amendments to bring clarity to its provisions. The provision of IBC has introduced the Corporate Insolvency Resolution Process (CIRP) for corporate Debtors. After the amendment of the IBC in 2021, the pre-packaged insolvency resolution process (PPIRP) has been introduced. It applies to MSMEs and has a threshold. The PPIRP is mentioned in the IBC under Section 54A to 54M of the Insolvency and Bankruptcy Code, 2016. The MSMEs can approach the Adjudicating Authority for the initiation of PPIRP, and the threshold to fall under the PPIRP is that the corporate debtor has committed the default of Rs 10,00,000 to make an application to initiate PPIRP before the Adjudicating Authority for the initiation of PPIRP. Still, if the case crosses the threshold limit, then it will not fall under the pre-pack insolvency process under IBC. Eligibility Criteria for the MSMEs to initiate a Pre-Packaged Insolvency Resolution Process The following are the eligibility criteria for MSMEs under section 7(1) of the insolvency resolution mechanism for Micro, Small and Medium Enterprise Development Act, 2006, to apply for initiation of PPIRP: Corporate Debtor has committed a default of at least 10 Lac. MSMEs who wish to go for PPIRP should not undergo PPIRP or should not complete CIRP during the three years preceding the initiation of PPIRP. CIRP and PPIRP processes will not run simultaneously. Eligible to submit a selected resolution plan under Section 29A of the IBC to the National Company Law Tribunal MSMEs are not required to be liquidated by an order under Section 33 of the IBC. Procedure for Filing PPIRP by Our Pre-Packaged Insolvency Solution Our service of Pre-Packaged Insolvency Solution helps file applications for the initiation of Pre-packaged insolvency resolution to the adjudicating authority. The period specified in the IBC for adjudicating authority is fourteen days from the date of filing of the application. In PPIRP, before an application for initiation of PPIRP is filed by the Corporate Debtor, the majority of directors or partners of the Corporate Debtor have to file a declaration before the Adjudicating Authority with the help of our experts. Further, the approval of the financial creditors of the Corporate Debtor needs to represent not less than 66% of the financial creditors required before applying for initiation of PPIRP. Enterslice’s Pre Packaged Insolvency Solution Services A detailed description of our pre-packaged insolvency solution services is given below Advisory Our experts provide advice on the unique financial circumstances of the business by performing in-depth analysis and gaining insights into the challenges by laying out a customized pre-packaged insolvency strategy. Our team of insolvency professionals collaborates with key stakeholders to develop a comprehensive pre-packaged insolvency plan that encompasses debt restructuring and operational adjustments to ensure an effective recovery strategy. Operational Implementation Our experts guide businesses through the seamless implementation of the pre-packaged insolvency plan by providing the pre-packaged insolvency solution to minimize disruption and optimize the execution process because our goal is to facilitate a smooth transition towards financial stability. Risk Mitigation Our experts provide pre-packaged insolvency solutions strategically designed to mitigate risks related to financial distress, identifying potential issues and addressing them actively. Our expert aims to safeguard the business and its stakeholders. Preparing necessary papers and Compliance Our experts ensure meticulous Paper works and adherence to regulatory compliance throughout the pre-packaged insolvency process with our pre-packaged insolvency solution. Our main aim is to contribute to a robust and legally followed resolution process. necessary papers Required to Avail Our Pre Packaged Insolvency Solution The following is the list of necessary papers required to initiate a PPIRP to avail of our Pre packaged Insolvency Solution In the case of financial debt, proof of financial debt is required. In case of operational debt, proof of the copies of invoices and notices served by the operational creditor through information utility is required. Approval of Creditor under section 54A (2) of the IBC, 2016, for the appointment of the Resolution Professional to initiate the entire process of PPIRP is required. Declaration of the majority of the directors or partners of the corporate debtor. Approval of a Creditor for filling out the application for PPIRP is required. Affidavit stating that the corporate debtor is eligible under section 29A of the IBC to submit a resolution plan in the PPIRP process of the corporate debtor. Copy of the books of accounts and the financial statement of the last two financial years of the Corporate Debtor. Copy of all the relevant agreements or contracts. Proof of the required fees paid for initiating the PPIRP. Proof of the copy of the required application served to the board. Unpacking the Pre Packaged Insolvency Resolution Process Our financial restructuring services pre-packaged insolvency resolution process to be followed such as Pre Initiation Phase The pre-initiation phase will happen before the insolvency begins, so our experts, with their financial restructuring services, prepare the following activities Identify the Financial and Operational Creditors related to the corporate debtors. Our experts providing financial restructuring services ensure that the resolution passed by the shareholders and creditors to initiate the PPIRP. Our experts prepare a memorandum Our experts assist in the preparation of a Base Resolution Plan submitted. Initiation of PPIRP Our experts ensure that the majority of the debtors have passed a resolution to initiate the PPIRP and at least 66 % of creditors have passed the filing of the PPIRP. Our financial restructuring services help the corporate debtor file an application with the Adjudicating Authority in the required format along with the required necessary papers. During the PPIRP Our financial restructuring services guide the corporate debtor to follow the PPIRP steps as mentioned in the Insolvency Bankruptcy Code, 2016 and get approval from the CoC for the resolution plan to send it to the adjudicating authority. Best Alternate Plan Our experts assist in preparing the best alternate plan and organizing a bid by voting on the Committee of Creditors to choose the best resolution plan to submit to the adjudicating authority. Moratorium The Moratorium is imposed as per Section 101 of IBC, 2016, which restricts the following activities against the corporate debtor, and after the acceptance of the application of PPIRP, a moratorium as per Section 14 of the INC, 2016 comes into force. Timeline for our Financial Restructuring Services in PPIRP Our experts provide Financial Restructuring Services, and PPIRP must be completed within 120 days from the initiation. There are the following timelines along with the activities stated below, and our experts will provide the financial restructuring services to complete the PPIRP in the mentioned time. The Resolution Professional files the resolution plan for approval with the Adjudicating Authority within 90 days of the commencement date. Sections 54G and 54K state the submission of the claim and memorandum within two days of the commencement of PPIRP. Section 54E states the publication of public announcements within two days of the commencement of PPIRP. Section 54I states the formation of a Committee of Creditors within seven days and the first meeting to be scheduled from the constitution of the CoC within seven days as well from the commencement of the Pre-packaged insolvency resolution process. Section 54D states the submission of the CoC and the approved resolution plan of PPIRP by our experts within ninety days from the commencement of PPIRP by providing financial restructuring services. Section 54L states that the resolution plan must be approved within thirty days. How do Pre Packaged Insolvency Solutions speed up insolvency cases for MSMEs? Our Pre-Packaged Insolvency Solution services can accelerate insolvency cases for micro, small, and medium enterprises by streamlining the resolution process and addressing financial challenges. Our financial restructuring services help more efficiently. Below are the ways to speed up insolvency cases for MSMEs with our Pre-packaged insolvency solutions Active Approach Our experts provide an active approach and strategies to address financial distress and help MSMEs initiate a resolution process before entering formal insolvency proceedings. Faster Decision Making Our experts provide the pre-packaged insolvency solution to make decisions more swiftly and fast. This also allows the quicker formulation and implementation of the pre-packaged insolvency resolution plan. Reduce Formalities and Complexities The pre-packaged insolvency solution streamlines the insolvency process by reducing formalities and administrative complexities, which will benefit MSMEs with limited resources to navigate lengthy and intricate insolvency procedures. Less Business Disruption The MSMEs have limited resources and are not able to afford significant disruptions to their operations. Our aim in providing the pre-packaged insolvency solution is to minimize business disruptions by smoothly implementing the resolution plan and allowing the MSMEs to maintain their daily activities. Cost Effective Our experts provide the pre-packaged insolvency solution cost-effectively by minimizing the time and resources spent performing lengthy legal proceedings. Benefits of Financial Restructuring Services in PPIRP The benefits of our financial restructuring services in PPIRP play a crucial role in its success. Some of the benefits are explained below Planning of Debt Repayment Financial restructuring services by our experts help in formulating a comprehensive plan for managing and repaying debts, and we also negotiate with creditors to restructure debt obligations to reduce the debt burden. Enhancing Cash Flow Management Our expert's efficient cash flow management is important for the growth of the businesses. Our financial restructuring services in PPIRP 's main aim is to focus on optimizing cash flow to reorganizing financial obligations. Maintaining Efficiency in Operation Our experts' alignment of financial restructuring with operational improvements is a key aspect of PPIRP, and our financial restructuring services help operational teams identify areas where cost efficiencies can be achieved without compromising the quality of operations. Negotiations with Creditors Our expert financial restructuring services include skilled negotiations with creditors to secure their support for the PPIRP, which involves proposing favourable terms for debt repayment, potentially extending timelines, and ensuring that creditors understand the long-term benefits of the resolution. Maintaining Shareholder Confidence Our financial restructuring services plan implants confidence among stakeholders, including investors, suppliers, and customers. It demonstrates an active approach to addressing financial challenges and signals a commitment to the company’s recovery. Requirements for Pre Packaged Insolvency Solution for PPIRP The requirements for the pre packaged insolvency solution in the process of PPIRP are determined by the insolvency laws and regulations. Here are a few common considerations Financial Distress Our experts help the company when it must be in financial distress or facing financial challenges that will lead to insolvency. Consent of Creditors The initiation of PPIRP requires the consent of a certain percentage of creditors, as mentioned in the Insolvency and Bankruptcy Code, 2016 Good Corporate Governance Our experts assist the company in demonstrating good corporate governance practices, which include maintaining proper financial records, adhering to legal and regulatory requirements, and acting in the interest of stakeholders. Preparation of Resolution Plan Our experts will help the company prepare a resolution plan for the process of PPIRP, outline the financial distress, and ensure that the plan will be accepted by the creditors and shareholders. Confidentiality Our expert's pre packaged insolvency solution services are structured in such a way that they maintain confidentiality. We protect the integrity and goodwill of the business to perform the entire PPIRP process. Why do most MSMEs qualify for the process of packaged insolvency resolution process under the IBC? Various factors contribute to the limited eligibility of MSMEs for the process of Pre-Packaged Insolvency Resolution. The qualification lies in the complexity of the eligibility criteria for the MSMEs. PPIRP demands a certain level of financial distress, requiring businesses to navigate a fine line between imminent insolvency and maintaining operational stability. While there are many challenges, Many MSMEs are well-positioned to qualify for the process for PPIRP due to their unique advantages. PPIRP has a streamlined and flexible nature, which will benefit small enterprises. The key advantage is the ability of MSMEs to act in recognizing financial issues and initiating resolution measures with the assistance of our experts or availing our pre-packaged insolvency solution. Moreover, MSMEs' relationship with creditors and stakeholders contributes to a smoother negotiation process, our ability to maintain transparent communications and enhance the chance of obtaining the necessary approvals for the resolution plan. PPIRP enables MSMEs to preserve their inherent value and market positions. Our pre-packaged insolvency solution addresses financial challenges and implements a well-structured resolution plan.
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