Valuation under Insolvency & Bankruptcy Code, 2016

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Valuation under the Insolvency & Bankruptcy Code, 2016 (IBC) pertains to determining the fair market value of assets and liabilities of a compa ...

Determine Fair market value of assets and liabilities of a company undergoing insolvency proceedings

Financial Modeling of Company

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Valuation under Insolvency & Bankruptcy Code, 2016

  • Share financial information

    Customer shares company’s financial data

  • Value is calculated

    Valuer calculates enterprise valuation

  • Valuation Report is issued

    Merchant Banker issues signed report

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Arrow pointing to next blockArrow pointing to next block

Share financial information

Customer shares company’s financial data

discussion
Arrow pointing to next blockArrow pointing to next block

Value is calculated

Valuer calculates enterprise valuation

customize-draft

Valuation Report is issued

Merchant Banker issues signed report

Contents of Report

  • overview

    Overview

    The name and registration number of the Merchant Banker and details of the company requesting for Valuation under Insolvency & Bankruptcy Code, 2016

  • scope-of-work

    Scope of Work

    Outlines the specific shares being valued, along with any limitations or restrictions on the valuation process.

  • methodology

    Methodology

    Details about the approaches and methods used to determine the value of the share.

  • market-analysis

    Market Analysis

    Information about the relevant market conditions, trends, and factors that may impact the value of the share.

  • valuation-results

    Valuation Results

    The final estimated value of the asset, along with any supporting calculations or analyses.

  • valuer-declaration

    Merchant Banker's Declaration

    A statement by the Merchant Banker confirming that the report has been prepared in accordance with relevant laws and standards.

  • signature-and-stamp

    Signature and Stamp

    The report is signed by the Merchant Banker, along with their official stamp or seal.

Benefits of Valuation under Insolvency & Bankruptcy Code, 2016

  • credibility

    Credibility

    The report is prepared by a Merchant Banker/Registered Valuer/CA which lends credibility to the valuation process and assurance to stakeholders.

  • regulatory-compliance

    Regulatory Compliance

    Valuation under Insolvency & Bankruptcy Code, 2016 ensures compliance with the provisions of the Income Tax Act, SEBI regulations and RBI guidelines.

  • assessment

    Objective and Unbiased Assessment

    It provides an impartial and unbiased valuation, free from any conflicts of interest.

  • risk-mitigation

    Risk Mitigation

    Valuation under Insolvency & Bankruptcy Code, 2016 helps mitigate the risk of disputes or disagreements related to the value of the asset.

  • reporting-and-accounting

    Financial Reporting and Accounting

    Premium per share as mentioned in the Valuation Report is used for financial reporting purposes as per accounting standards compliance.

  • accountability-and-ethics

    Professional Accountability and Ethics

    The preparation of a Valuation under Insolvency & Bankruptcy Code, 2016 demonstrates adherence to these standards, which enhances trust and confidence in the valuation.

  • methodology

    Documentation of Methodology and Assumptions

    Transparency in method, approach, and assumptions helps stakeholders understand how the value was determined.

Documents Required for Valuation under Insolvency & Bankruptcy Code, 2016

  • statement

    Financial Statements

    Latest audited financial statements, including balance sheets, income statements, and cash flow statements, to assess the financial condition of the company.

  • Application Draft

    Asset Register

    A complete and up-to-date register listing all the company's assets, including both tangible and intangible assets.

  • reports

    Liability Schedule

    Detailed information on all liabilities, including secured and unsecured debts, contingent liabilities, and any statutory dues.

  • legal

    Legal Reports

    Reports detailing any legal proceedings or disputes involving the company, which could impact the valuation of its assets and liabilities.

  • Comprehensive search

    Valuation Histories

    Previous valuation reports, if available, which can provide insights into past assessments and valuation methods used.

  • Specification

    Asset Appraisal Reports

    Professional appraisal reports for significant assets like real estate, machinery, and equipment to ascertain their current market values.

  • checklist

    Inventory Lists and Valuations

    Detailed inventories of all physical assets, including goods, raw materials, and finished products, along with their respective valuations.

  • report

    Operational Data

    Information on the company's operations, including production levels, supply chain details, and customer and vendor contracts.

  • tax planning

    Tax Records

    Documentation related to tax filings and liabilities, which can affect the valuation of the company’s assets.

  • letter

    Insolvency Resolution Process Documents

    Documents pertaining to the ongoing insolvency resolution process, including claims from creditors, resolution plans submitted, and decisions made by the committee of creditors.

  • reports

    Resolution Professional’s Reports

    Reports prepared by the resolution professional overseeing the insolvency proceedings, which may include insights into the operational and financial restructuring plans.

  • regulatory-compliance

    Corporate Governance Documents

    Minutes of board meetings and records of major corporate decisions made in the lead-up to the insolvency proceedings.

  • certificate

    Compliance Certificates

    Certificates and reports verifying compliance with various regulatory requirements, which might affect the valuation.

  • Ownership Rights

    Intellectual Property Documentation

    Details of any intellectual property owned by the company, including patents, trademarks, and copyrights.

Deliverables

  • valuation-results

    Determine Enterprise Valuation

  • description_black_24dp

    Issue of Valuation Report signed and stamped

Frequently asked Questions

What is the role of valuation under the Insolvency and Bankruptcy Code (IBC)?

Close

Valuation plays a key role in the IBC process by determining the financial health of a debtor company and guiding decisions about revival or liquidation. Accurate valuations ensure fair outcomes for creditors, employees, and the company itself.

Why is maximizing value important in the IBC?

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The IBC prioritizes maximizing the value of the debtor’s assets. Valuation helps assess their true worth and guides decisions to either revive the company or recover the most value through liquidation for the benefit of all stakeholders.

How do valuations impact decision-making in the IBC process?

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Informed decisions depend on accurate valuations. They help assess revival plan feasibility, set fair reserve prices for asset sales during liquidation, and promote transparency and fairness throughout the process.

What are the two main types of valuations under the IBC?

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Fair Value: Represents the estimated market value of assets assuming a normal sale with proper marketing. Liquidation Value: Represents the estimated value if assets are forced into sale on the insolvency commencement date, typically lower than fair value.

Who can conduct valuations under the IBC?

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Only “Registered Valuers” can perform valuations. These professionals are certified by the Insolvency and Bankruptcy Board of India (IBBI) and possess expertise in valuing various asset classes.

Why are accurate valuations crucial in the IBC process?

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Accurate valuations are vital for ensuring fairness and transparency. They protect stakeholder interests and foster trust in the entire insolvency resolution system.

What is Fair Value under IBC?

Close

Fair value under the IBC represents the estimated price a willing buyer would pay a willing seller in an ordinary sale, reflecting the market value of the asset if the company were solvent (not facing insolvency).

What are the potential consequences of inaccurate valuations under the IBC?

Close

Inaccurate valuations can lead to unfair outcomes for stakeholders, hindering the IBC’s goal of achieving a fair and efficient resolution.

How does the IBC promote reliable valuations?

Close

The IBC mandates the use of Registered Valuers and adherence to international valuation standards, aiming to ensure objectivity and accuracy throughout the process.

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Reviews

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  • Amit Dey

    Dealing with insolvency can be challenging, but ezyLegal made the process surprisingly smooth and supportive. Their valuation under the Insolvency & Bankruptcy Code (IBC) report not only provided valuable insights into the financial condition of the distressed company but also offered practical guidance on restructuring and rehabilitation strategies. I appreciate ezyLegal's supportive approach and willingness to assist stakeholders throughout the insolvency resolution process. With their expertise by our side, I'm confident that distressed companies can navigate financial difficulties successfully and emerge stronger on the other side.
  • Karan Patel

    Transparency is crucial in insolvency proceedings, and ezyLegal's valuation under Insolvency & Bankruptcy Code (IBC) report was conducted with complete transparency and integrity. The valuation methodologies and assumptions were explained clearly, allowing creditors and stakeholders to understand the basis for the valuation conclusions. I appreciate ezyLegal's commitment to delivering reliable information that fosters trust and confidence among all parties involved in the insolvency resolution process. With their support, I'm confident that distressed companies can achieve fair and equitable outcomes that preserve value for stakeholders.
  • Kayra Singh

    Time is of the essence in insolvency proceedings, and ezyLegal understands this better than anyone. Their valuation under the Insolvency & Bankruptcy Code (IBC) report was not only thorough and insightful but also delivered promptly, ensuring timely resolution of the distressed company's financial issues. I appreciate ezyLegal's commitment to efficiency and professionalism, which has made the insolvency resolution process smoother and more manageable for all parties involved. With their support, I'm confident that distressed companies can overcome financial challenges and emerge stronger than ever.
  • Priya Joshi

    ezyLegal's valuation under the Insolvency & Bankruptcy Code (IBC) report provided valuable insights into the financial health and viability of the distressed company. The detailed analysis helped stakeholders understand the underlying value of the company's assets and liabilities, facilitating transparent and efficient resolution proceedings. I appreciate ezyLegal's expertise and dedication to providing objective and insightful valuation services that contribute to the effectiveness of the insolvency resolution process. With their support, I'm confident that distressed companies can achieve successful restructuring and rehabilitation.
  • Alok Gupta

    ezyLegal's valuation under the Insolvency & Bankruptcy Code (IBC) report was conducted with utmost professionalism and expertise. The detailed analysis provided a clear assessment of the assets and liabilities of the distressed company, enabling creditors and stakeholders to make informed decisions about the insolvency resolution process. I'm impressed by ezyLegal's deep understanding of the IBC framework and its commitment to delivering reliable valuation services that facilitate fair and equitable outcomes for all parties involved.

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