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Building an institution of insolvency practitioners in India

Anirudh Burman () and Shubho Roy
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Anirudh Burman: Indira Gandhi Institute of Development Research
Shubho Roy: Indira Gandhi Institute of Development Research

Indira Gandhi Institute of Development Research, Mumbai Working Papers from Indira Gandhi Institute of Development Research, Mumbai, India

Abstract: A good insolvency and bankruptcy regime ensures the prompt and fair resolution of financial distress. This paper identifies the rationale for creating a cadre of insolvency professionals who can play an important role in the process of rescuing, restructuring or liquidating a distressed firm. It proposes that the primary objective of creating a regulated cadre of professionals is to protect consumers i.e. the distressed firm and creditors of such firms. The primary task of regulating such professionals should be left to Self Regulatory Organisations (SROs). The state should, in turn, regulate these SROs to ensure that they are discharging their functions effectively. The paper cites evidence from other areas where SROs have played an effective regulatory role in protecting consumers. Finally, the paper ends by providing prescriptions on the regulatory framework for insolvency professionals and the SROs that would regulate them.

Keywords: Insolvency resolution; bankruptcy resolution; specialised professionals; regulation; consumer protection (search for similar items in EconPapers)
JEL-codes: G33 K22 K23 (search for similar items in EconPapers)
Pages: 23 pages
Date: 2015-12
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