Profitable Companies Can Face Insolvency Proceedings If They Default On Loans: Supreme Court

The Supreme Court on Thursday held that a company’s profitability does not prevent insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). A financial default, rather than commercial or balance-sheet insolvency, triggers the Corporate Insolvency Resolution Process (CIRP). “Profitability is neither legally relevant to, nor economically probative of, the capacity to service debt. The Code…

Coface Opens Up Its Underwriting Intelligence So Companies Can Get Ahead of Tariff and Insolvency Risk

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KETRACO Faces Liquidation Petition Over Unpaid KSh 10b Award to Spanish Firm

A Spanish company filed a liquidation petition against Kenya Electricity Transmission Company over an unpaid KSh 10 billion arbitral award Ketraco argued that its government-owned status shielded it from insolvency proceedings, but the High Court rejected that objection The debt traces back to a 2013 construction contract for a 400-kilovolt transmission line that Ketraco terminated…