ESM provides comprehensive legal support to its partner Insolvency Professionals for day-to-day guidance and for the interpretation and analysis of various legal documents, including those received alongside claims and other materials sourced from the Corporate Debtor. The legal team at ESM also advises the partners of the Insolvency Professional Entity on the application and implications of the provisions under the Insolvency and Bankruptcy Code, 2016 (the “Code”) and the regulations framed thereunder, particularly in relation to the Corporate Insolvency Resolution Process (CIRP) and liquidation proceedings. The key legal support services provided to such partners include:
- In-House Legal Assistance: Offering in-house legal support to Insolvency Professionals who are partners of the Insolvency Professional Entity to ensure the efficient conduct of CIRP and liquidation proceedings.
- Advisory Services: Providing legal consultation on various provisions of the Code and its allied regulations concerning the execution of CIRP and liquidation processes.
- Coordination with Legal Counsel: Liaising and coordinating with external legal counsel appointed for representing the Resolution Professional or any other stakeholders in litigation matters.
- Drafting and Filing Support: Assisting in the preparation of progress reports, applications, replies, and other requisite documents for submission before the Adjudicating Authority (NCLT) or any other relevant forum.
- Document Review and Commentary: Reviewing notices, applications, petitions, replies, rejoinders, and similar pleadings prepared by external counsel and providing detailed comments or suggestions to aid the Insolvency Professionals in their decision-making.
- Representation and Assistance: Appearing before the Adjudicating Authority, courts, tribunals, or other competent authorities to support the Partners or the legal counsel appointed by them during legal proceedings.
All of the above legal support services are also rendered during the liquidation phase for Insolvency Professionals affiliated with ESM who are appointed as Liquidators. Comparable services are likewise extended in the context of the Insolvency Resolution Process and Bankruptcy Proceedings concerning individuals, sole proprietorships, and partnership firms.