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Insurance and Insolvency Reform Bills Set for Winter Session Passage

Key Takeaways

  • Insurance Bill proposes 100% FDI, removing need for Indian partners
  • Insolvency Bill introduces faster creditor-led resolution process
  • Both bills aim to boost foreign investment and streamline business processes

Parliament’s Winter Session beginning December 1 is set to pass two significant economic reforms – the Insurance (Amendment) Bill and amendments to the Insolvency and Bankruptcy Code (IBC). These changes could transform India’s financial landscape by attracting foreign investment and speeding up corporate resolution processes.

Insurance Sector Overhaul

The Insurance (Amendment) Bill seeks to raise foreign direct investment limits from 74% to 100%, eliminating the requirement for foreign investors to find Indian partners for the remaining 26% stake. This move is expected to unlock the sector’s potential, projected to grow at 7.1% annually over the next five years.

Beyond the FDI increase, the legislation introduces composite licensing allowing single entities to offer life, general, or health insurance. It also relaxes restrictions on dividend repatriation and key management personnel for foreign-owned firms, significantly enhancing ease of doing business.

The government believes these changes will draw stable, long-term foreign investment, increase competition, enable technology transfer, and expand market reach across India.

Insolvency Process Reforms

The IBC amendments introduce creditor-initiated insolvency resolution process (CIIRP), enabling financial creditors holding 51% of debt to trigger resolution while keeping existing management under supervision. This approach is quicker and less disruptive than full corporate insolvency resolution process.

The Bill mandates the National Company Law Tribunal to admit financial creditors’ applications within 14 days if default is proven, removing judicial discretion that often causes delays. It also addresses group insolvency and cross-border insolvency mechanisms.

To prevent misuse, the legislation clarifies that government dues will no longer be treated as secured debts and imposes heavy penalties for frivolous applications intended to stall proceedings.

The Select Committee headed by Baijayant Panda is expected to submit its report soon, having collected public responses last month. The Winter Session runs from December 1 to 19, though opposition parties have criticized the schedule as unusually short.

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