Preferential Transaction

Preferential Transaction

A Preferential Transaction refers to a situation where a debtor company, before insolvency, gives undue advantage to certain creditors by paying them or transferring assets in preference over others. Under the Insolvency and Bankruptcy Code (IBC), such transactions are examined to ensure fairness during the Corporate Insolvency Resolution Process (CIRP). The Resolution Professional reviews the company’s financial records to identify any transactions that unfairly prioritize specific creditors. If found, these transactions may be reversed by the Adjudicating Authority to restore equality among stakeholders. Preferential payments typically occur within the “look-back period” defined by law. The aim is to prevent misuse of company assets before insolvency. Creditors who knowingly benefit may face legal consequences. Avoiding such transactions ensures transparency and protects the interests of all creditors. The RP plays a key role in reporting and challenging such actions.

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