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Lenders look to derisk promoter guarantees, implementing negative liens to safeguard assets

In response to the recent Supreme Court order upholding recovery provisions against personal guarantors, Indian lenders are now taking measures to protect their interests. They will require a negative lien on the assets underlying personal guarantees given by promoters of companies raising bank loans. This will prevent promoters from transferring these assets to a special trust that is bankruptcy remote.
Bikash Jhawar Sujit Varma Anshul Jain Supreme Court Bankruptcy Code Bankruptcy Board

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