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IBC - Highlights / Catch Notes

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IBC - Invoking Bank Guarantee - Corporate Debtor has issued bank ...

Insolvency and Bankruptcy

February 27, 2021

IBC - Invoking Bank Guarantee - Corporate Debtor has issued bank guarantee for ensuring the price of goods. The bank guarantee is irrevocable and unconditional and payable on demand without demur. The assets of the surety are separate from those of the corporate debtor, and proceedings against the corporate debtor may not be seriously impacted by the actions against assets of third party like surety. Bank guarantee can be invoked even during moratorium period issued u/s 14 of the IBC in view of the amended provision under section 14 (3)(b) of the IBC - AT

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