Open Access Research Article

NAVIGATING INSOLVENCY ACROSS BORDERS: CHALLENGES OF CORPORATE GOVERNANCE IN INDIA

Author(s):
SHAIKA GUHA MAJUMDAR UPASANA CHUNDER
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8

Abstract

This study focuses on the challenges involved in dealing with cross-border insolvency in India, with particular attention to the role of corporate governance in ensuring transparency, accountability and effective management during insolvency proceedings. It explores the existing Indian legal framework, primarily the Insolvency and Bankruptcy Code, 2016 (IBC), and examines how far it addresses the insolvency-related issues involving foreign jurisdictions. The study discusses the importance of directors' responsibilities, creditors' rights, protection of stakeholders, corporate accountability and cooperation between domestic and foreign regulatory authorities. It further identifies the existing shortcomings in India's cross-border insolvency mechanism and suggest appropriate legal and corporate governance reforms to strengthen the insolvency resolution process. It overall highlights an effective cross-border insolvency framework, supported by sound corporate governance practices and international cooperation, is essential for maintaining investor confidence, protecting stakeholders' interests and promoting a transparent, accountable and stable corporate environment in India.   KEY WORDS: Cross-border Insolvency, Corporate Governance, Legal Framework  

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Author Details

Authors: SHAIKA GUHA MAJUMDAR & UPASANA CHUNDERRegistration ID: 1013589 | Published Paper ID: IJLRA13589 & IJLRA13590Approved ISSN: 2582-6433 | Country: Delhi, India

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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