Harmonizing Company Law and Insolvency and Bankruptcy Code: A stepping-stone for Sustainable Corporate Governance
Author(s):
k maria yoshitha, Dr. Saltanat Sherwani
Keywords:
Company Law, Insolvency & Bankruptcy Code, Corporate Governance, Committee of Creditors, Minority Shareholders, Stakeholder Representation, Sustainable Business Environment Stakeholder Imbalance.
Abstract
The research explores the complex relationship between Company Law and the Insolvency & Bankruptcy Code (IBC) in India, revealing differences and their effect on sustainable corporate governance. The study examines the historical development, objectives, and provisions of both legal regimes underscoring the call for harmonization. It is through identifying a lot of challenges occasioned by a creditor-centric approach under the IBC that the study suggests some recommendations to address stakeholder imbalances, promote shareholder rights as well as induce industry expertise in decision-making processes. The author also looks at how current practices of corporate governance affect minority shareholders henceforth he sets out recommendations meant to enhance an all-inclusive and open framework for this task. The expected results are equitable decisions enabled by minority shareholders and a sustainable business environment. To finish with, avenues of further investigation are given which emphasize empirical research, comparative analyses, and alternative models for shareholder participation to provide more inclusive information about them.
Article Details
Unique Paper ID: 162537
Publication Volume & Issue: Volume 10, Issue 10
Page(s): 310 - 316
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