NDA Series on Insolvency and Bankruptcy Code: Innovative Acquisition Structures – Part V

Thursday, August 02, 2018


06:00 PM - 07:30 PM (IST)


01:30 PM - 03:00 PM (BST)


08:30 AM - 10:00 AM (EDT)


In the fourth of the series of webinars on the Insolvency and Bankruptcy Code, 2016 (“Code”), the panel discussed the ordinance dated June 6, 2018, and its impact and ramifications of the same on the interpretation of key issues under the Code. Focus was directed towards the eligibility criteria prescribed for an eligible bidder, the impact of the definition of corporate guarantor, change in the voting thresholds for the committee of creditors, and inclusion of home-buyers as financial creditors.

A link to the webinar is available here.

We cordially invite you to be a part of the fifth interactive webinar on August 2, 2018 (Thursday) to discuss the structures that can be used for acquisition of assets under IBC.

Focus Area

This webinar will focus on the various structures that a potential bidder (domestic and foreign) may evaluate investment into a company under IBC.


In particular, we shall focus on:

  • Rules for bidders: Securities laws, exchange control and corporate laws, and the relaxations / exemptions provided;

  • 29A: Impediment for effective structuring?

  • Acquisition pre NCLT process or under IBC: Pros and cons

  • Regulatory considerations of structures for acquisition under IBC:

    • Non-banking financial companies

    • Asset reconstruction companies

    • Alternative Investment Funds

    • Refinancing of lenders

  • Tax considerations for various structures;
  • Case studies and judicial interpretation.

Flow of the session

06:00 PM – 07:15 PM (IST):

Panel Discussion

07:15 PM – 07:30 PM (IST):

Q & A




Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Vyapak Desai leads the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. Vyapak is also a Senior Attorney in the Corporate and Securities Practice group at the firm. Vyapak is a Co-chair- Council of MCIA, Director of CIArb India Branch. He is listed on SIAC Panel of Arbitrators, LCIA Database of Arbitrators and BVI IAC Panel of Arbitrators.


Leader, Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Simone is the Co-Head of Mergers & Acquisitions practice and Corporate Governance practice at the firm. Simone’s practice focuses on mergers and acquisitions, private equity and venture capital investments, domestic and international, and has advised a wide spectrum of clients, across several sectors.


Leader, International Tax

Nishith Desai Associates

Rajesh Simhan heads the international tax practice at Nishith Desai Associates. He primarily advises clients on complex cross-border tax and corporate structuring transactions. He also has extensive tax litigation experience and has advised / represented clients at various levels, including the High Court and Supreme Court of India. He has also acted and advised on several cross-border mergers and acquisitions and has significant experience on private equity investments.


Member, Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Abhinav Harlalka is a senior member of the Mergers & Acquisitions and Private Equity Practice at Nishith Desai Associates. He advises domestic and global private equity funds in private equity and private debt investments.


Member, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Arjun Gupta is a Member of the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. He represents clients in a wide-range of services with a special focus on cutting edge cross-border and complex litigations and international commercial arbitrations. He is also an integral member of the Insolvency and bankruptcy practice.