Corporate Recovery

The Indian Government has enacted the Insolvency and Bankruptcy Code, 2016 (“IBC”) for the purpose to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders. Currently, the IBC provisions are applicable to companies and LLP and personal guarantors of such companies and LLP.

Why are corporate recovery services needed in India?

In today’s volatile business environment, companies in India in some sectors may find it challenging to discharge their debts or recover their credits. Depending on the degree of financial distress, such companies’ corporate recovery could result in rehabilitation of the business, or liquidation of the business. Thus, corporate recovery is defined as the process of ensuring the owners, creditors, suppliers and employees of financially distressed businesses to get the best possible deal.
Importantly, if the business is still viable, a turnaround is achievable with the help of expert restructuring strategists.
Else, if such a recovery is not feasible and the company is irredeemably insolvent, then the most optimal outcome is to liquidate the business and keep the losses for all stakeholders to a minimum.
So if you are a creditor looking to protect your financial interests; a business owner looking to restructure your business, manage your crisis, or simply wind-up the business in an orderly manner; our team of corporate services experts can assist in maximising your financial outcomes by offering practical and cross-disciplinary solutions even in the most challenging of cases.

What corporate recovery services in India are provided by JSC?

Apart from the usual Insolvency and Liquidation Support services, JSC provides the following corporate recovery services in India.

● Lender Services
● Corporate Restructuring
● Forensic Investigations
● Judicial Management
● Trustees/Nominees in Bankruptcy
  1. General Legal Documentation
    1. Power of Attorney
    2. Affidavit
    3. Indemnity Bond
    4. NOCs
  2. Property Legal Documentation
    1. Agreement for Sale and Purchase/ Sale Agreement
    2. Memorandum of Understanding
    3. Rent Agreements/ Leave and License Agreement
    4. Relinquishment Deed
    5. Mortgage Deeds
    6. Gift Deed
    7. NOC, Public Notice
    8. Society Transfer Documents
  3. Business Agreements
    1. Shareholder’s Agreement
    2. Joint Venture Agreement
    3. Parnership Deeds
    4. Co-Founder Agreement
    5. Tripatriate Agreement
    6. Share Purchase/Transfer
    7. Invitation Bid
    8. Agency agreement
    9. Franchisee Agreement
  4. Information Technology Related-IT Documentations
    1. Website maintenance/development/terms and conditions/Privacy Policy agreements,
    2. Cloud computing Service
    3. Software distribution/development
    4. Server support service agreement
  • Secretarial services of preparing board resolution, post AGM
  • Appointment of Auditor
  • First Board of directors meeting
  • Assistance with Appointment of Auditor
  • Disclosure by director
  • Assistance for opening of a bank account
  • Intimation to MCA on the Board Resolution
  • Issuance of Share Certificate (Softcopy)
  • Legal Agreements
  • Contract of Employment
  • Founders' Agreement
  • Consultant Agreement
  • Privacy and Usage policy
  • Annual ROC Return filing
  • Change company name
  • Change Registered Office
  • Appoint a Director
  • Resignation of Director
  • Increase of Authorised Share Capital
  • Changes in Memorandum of Association
With the advent of the IBC, our team has been actively handholding financial as well as operational creditors and guiding them through the turmoil of non-recovery of their dues from defaulting corporates. We assist the lenders to recover their dues whilst also assist Resolution Professionals, through the entire corporate insolvency resolution process as process advisors.
  1. Formulation of legal strategies in line with prevalent legal, regulatory and policy framework in order to achieve an effective and efficient resolution of stressed assets in line with commercial objectives
  2. Filing / defending of applications under IBC before the National Company Law Tribunal / NCLAT
  3. Legal advisory services and assistance to Insolvency Resolution Professionals
  4. Conducting legal due diligence on the corporate entity and drafting/negotiation of documentation for divestment, exit and sale and raising of funds.
  5. Legal advisory services and assistance in the drafting of resolution plans and in its implementation in accordance with the legal, regulatory and policy framework
  6. Legal advisory, assistance and representing our clients in liquidation proceedings
  7. Legal assistance and representations in recovery actions/enforcement of security