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Section 50 - Insolvency and Bankruptcy Code Act, 2016
50. Extortionate credit transactions.-
(1) Where the corporate debtor has been a party to an extortionate credit transaction involving the receipt of financial or operational debt during the period within two years preceding the insolvency commencement date, the liquidator or the resolution professional as the case may be, may make an application for avoidance of such transaction to the Adjudicating Authority if the terms of such transaction required exorbitant payments to be made by the corporate debtor.
(2) The Board may specify the circumstances in which a transactions which shall be covered under sub-section (1).
Explanation.-For the purpose of this section, it is clarified that any debt extended by any person providing financial services which is in compliance with any law for the time being in force in relation to such debt shall in no event be considered as an extortionate credit transaction.
Related Sections
- Section 24: Meeting of committee of creditors
- Section 10: Initiation of corporate insolvency resolution process by corporate applicant
- Section 74: Punishment for contravention of moratorium or the resolution plan
- Section 55: Fast track corporate insolvency resolution process
- Section 150: Duties of bankrupt towards bankruptcy trustee