Changes to the insolvency framework
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 received Presidential assent on 6 April 2026 and introduced a number of amendments to the Insolvency and Bankruptcy Code, 2016. The amendments address the corporate insolvency resolution process, liquidation, pre-packaged insolvency resolution, personal guarantors and other aspects of the insolvency framework.
Among the changes introduced are:
- A new Creditor-Initiated Insolvency Resolution Process (CIIRP) framework, under which notified classes of financial creditors may initiate a resolution process for notified categories of corporate debtors without following the conventional admission route at the outset.
- A framework for group insolvency, allowing proceedings involving interconnected companies within a corporate group to be coordinated through mechanisms including coordination between Committees of Creditors and insolvency professionals.
- Enabling provisions for cross-border insolvency, including a framework for recognition of foreign proceedings and cooperation with foreign courts and authorities.
- Changes to the treatment of certain avoidance transactions, including provisions allowing proceedings concerning such transactions to continue notwithstanding the conclusion of the principal insolvency process.
- Changes concerning the role of the Committee of Creditors during liquidation, including provisions for continued oversight in specified circumstances.
- Clarifications concerning the treatment of dissenting financial creditors, personal guarantors and the transfer of certain guarantor assets in connection with a corporate debtor’s resolution.
The Insolvency and Bankruptcy Board of India subsequently notified amendments to several regulations in June 2026 to give effect to the statutory changes.