Resolving Financial Firms in India: The Way Forward

Resolving Financial Firms in India: The Way Forward

*

Volume 13 Issue 1 ()

The ongoing financial distress among some banks, Non-Banking Financial Companies (‘NBFCs’) and Housing Finance Companies (‘HFCs’) has once again drawn attention to the fragmented legal framework on resolution of Financial Service Providers (‘FSPs’) in India. The government was quick to extend the Insolvency and Bankruptcy Code, 2016 to the relatively bigger NBFCs and HFCs. This has renewed interest about the fate of the Financial Resolution and Deposit Insurance Bill, 2017 as well as the future of FSP resolution in India. Yet, barring a few media pieces, the broader Indian academic legal literature has hardly attempted to contextualise these major developments within a conceptual framework. This paper attempts to address this lacuna. It analyses the recent Indian legal developments around FSP resolution within a conceptual framework and highlights relevant issues that may have a bearing on the future of FSP resolution in India.

Cite as: Pratik Datta, Varun Marwah & Ulka Bhattacharyya, Resolving Financial Firms in India: The Way Forward, 13 NUJS L. Rev. 1 (2020)