Can insolvency be initiated against a Company registered under Section 8 of the Companies Act, 2013 with a charitable objective of imparting and promoting education? – M/s. Educomp Infrastructure & School Management Ltd. Vs. M/s. Millenium Education Foundation – NCLT New Delhi Bench Court-V
The Adjudicating Authority held that on a reading of Section 3(7) of the Insolvency and Bankruptcy Code, 2016 that defines a “corporate person”, it is amply clear that the definition under Section 3(7) inter alia, includes a “company” under Section 2(20) of Companies Act‟ 2013. Section 2(20) of the Companies Act, 2013 defines “Company” as a company incorporated under the Companies Act, 2013 or under any previous company law. Further, Section 2(a) of the Code, 2016 provides that the provisions of the Code, 2016 shall apply to, “any company incorporated under the Companies Act 2013 or under any previous company law for the applicability of the Code, 2016”. Accordingly, the Insolvency and Bankruptcy Code, 2016 does not create a difference based on the objectives or nature of the company. Thus, clearly, Section 8 Companies are also covered under the Code, 2016 as a “Corporate Person‟ and therefore, Corporate Insolvency Resolution Process can be initiated against the Corporate Debtor herein.