Abstract

Company law is an organizational law. Organizational change via. Restructuring has an impact on constituents of the value chain, whether it is shareholders, creditors, suppliers, employees and consumers. The obvious questions which come to fore, are how are the rights of the stakeholders going to be affected? What processes and compliances are carried out for ‘Restructuring’? One of the compliances in this context is due diligence. Assessment of liability, credit worthiness, IP, MK capitalization, long term agreement with suppliers are some the facets which becomes quintessential to analysis in this regard. Thus, the process of restructuring, involves inter alia, firstly, Due diligence; secondly, protecting the rights or interest of buyer and seller acquirer and acquiree via web of contracts like share sell agreement, warranty and confidentiality, as all of these have to be done sector specific; thirdly, large number of regulators for compliances including impact of restructuring on organization which are getting mergered or which is being merged. The instant research paper is trying to vividly and comprehensively address the pertinent questions and problems in the domain of “Insolvency” and “Restructuring” from the lens of extant laws of the land and judicial precedents, helping to delve into the vital facets of Resolution Professional growing role in the “Insolvency proceedings and beyond” in the realm of company law.

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