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The Insolvency and Bankruptcy Code, 2016 (IBC)

Ministry Of Corporate Affairs

Published 18 September 2026

In short

The IBC 2016 provides a time-bound Corporate Insolvency Resolution Process where financial or operational creditors can trigger proceedings against a defaulting company, with a moratorium on legal action and a 330-day deadline for resolution before liquidation, regulated by the IBBI.

Key facts

Year
2016
Act number
Act No. 31 of 2016
Administered by
Ministry Of Corporate Affairs
In force from
28 May 2016

The IBC consolidated India’s fragmented insolvency laws into a single time-bound framework for resolving insolvency of companies, partnerships and individuals, aiming to maximise asset value and balance the interests of all stakeholders including creditors and employees.

Section 7 allows a financial creditor to initiate the Corporate Insolvency Resolution Process (CIRP) against a defaulting company, while Section 9 allows operational creditors to do the same. Once admitted, a moratorium under Section 14 halts all legal proceedings against the company, giving it breathing room to restructure.

The Committee of Creditors, formed under Section 21, decides on a resolution plan within a strict 330-day timeline (including litigation), failing which the company moves to liquidation under Section 33. This time-bound approach was designed to prevent the years-long delays seen under the earlier BIFR regime.

The Code also introduced the Insolvency and Bankruptcy Board of India (IBBI) as the regulator, and Insolvency Professionals who manage the resolution process, bringing professional discipline to what was earlier a largely judicial and bureaucratic process.

Key penalties

  • Section 7: Financial creditors can initiate Corporate Insolvency Resolution Process (CIRP)
  • Section 9: Operational creditors can also initiate CIRP for unpaid dues
  • Section 14: Moratorium halts all legal proceedings against the company during CIRP
  • Section 21: Committee of Creditors decides the resolution plan
  • 330-day overall timeline (including litigation) for resolution, failing which liquidation follows under Section 33
  • IBBI (Insolvency and Bankruptcy Board of India) regulates the process and licensed Insolvency Professionals

Frequently asked questions

Who can initiate insolvency proceedings under the IBC?

Both financial creditors (Section 7) and operational creditors (Section 9) can initiate the Corporate Insolvency Resolution Process against a defaulting company.

What is the moratorium under IBC?

A period under Section 14 during which all legal proceedings against the company are halted while resolution is attempted.

What is the timeline for resolution under IBC?

330 days overall, including any litigation, after which the company moves to liquidation if no resolution plan is approved.

Before you apply: confirm every date, fee and eligibility rule on the official website linked on this page. Public and Policy is an independent portal, not a government body, and details change without notice.