Redeemable Preference Shares Not Financial Debt

Introduction In a decision shaping the contours of India’s insolvency jurisprudence, the Supreme Court of India in EPC Constructions India Limited (Through Its Liquidator) v. Matix Fertilizers and Chemicals Limited[1] clarified that holders of Cumulative Redeemable Preference Shares (CRPS) cannot be treated as financial creditors under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court…

Preference shareholders aren’t financial creditors under IBC, can’t initiate insolvency: Supreme Court

A Bench of Justices JB Pardiwala and KV Viswanathan dismissed an appeal filed by EPC Constructions India Ltd (in liquidation) against Matix Fertilizers and Chemicals Ltd, affirming the findings of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) that the preference shares held by EPC represented an investment and not…

Scotland’s Kenny’s Music becomes the latest musical instrument retailer to close its doors, “despite our strongest sales ever in recent years”

Scottish musical instrument retailer Kenny’s Music has ceased trading, the firm confirms in a new communication with its supplier partners, seen by Guitar.com. The company – which ran an online store, as well as brick-and-mortar stores in Glasgow, Aberdeen, Dunfermline and formerly Dundee – reveals its intention to move into Creditors’ Voluntary Liquidation (CVL), “despite…