Consider the following statements regarding the 'Clean Slate Doctrine' under the Insolvency and Bankruptcy Code, 2016 (IBC) —
- It ensures that the new owner of a company is not liable for any pre-existing debts or penalties after a successful resolution process.
- The Supreme Court of India has ruled that government dues like taxes are extinguished if not part of the approved resolution plan.
- The doctrine allows for legal proceedings to continue for claims that are not included in the resolution plan if they are of a criminal nature.
Which of the statements given above is/are correct?
Explanation – The Clean Slate Doctrine under the IBC ensures that a new buyer of a company is not held accountable for any pre-existing debts, penalties, or liabilities, giving the company a fresh start. The Supreme Court has upheld this principle, ruling in cases like Essar Steel India and Edelweiss Asset Reconstruction that once a resolution plan is approved by the NCLT, all previous liabilities, including government dues like taxes, are extinguished if not part of the plan. This means no party can initiate or continue legal proceedings for claims not included in the approved plan, making statement 3 incorrect as it contradicts the core principle of extinguishing all prior claims.
Explanation – The Clean Slate Doctrine under the IBC ensures that a new buyer of a company is not held accountable for any pre-existing debts, penalties, or liabilities, giving the company a fresh start. The Supreme Court has upheld this principle, ruling in cases like Essar Steel India and Edelweiss Asset Reconstruction that once a resolution plan is approved by the NCLT, all previous liabilities, including government dues like taxes, are extinguished if not part of the plan. This means no party can initiate or continue legal proceedings for claims not included in the approved plan, making statement 3 incorrect as it contradicts the core principle of extinguishing all prior claims.