Facilitation, Flexibility And Choice: An Analysis Into Group Insolvency And Its Ramifications

Facilitation, Flexibility And Choice: An Analysis Into Group Insolvency And Its Ramifications In Light Of The Separate Legal Entity Principle

Dev Chand, B.B.A. L.L.B. (Hons.), Symbiosis Law School, Pune

ABSTRACT

The present paper explores the area of insolvency proceedings in group enterprises and pays a special focus to substantive consolidation as a remedy to the issues faced during the resolution of singular entities within large corporate groups. The paper also examines the suggested regime as put forward by the Working Group on Group Insolvency, and checks the viability of such a regime, in light of the fundamental tenet of juristic personality of a company under company law.

Keywords: Group enterprises, Substantive Consolidation, Juristic personality.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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