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Spectra Forensics, Investigation Specialist

Situation

Reviewing a stressed or insolvent company?

When a borrower is under stress, lenders and resolution professionals need to know whether value was diverted. We conduct transaction audits and stressed-asset investigations to identify preferential, undervalued, extortionate and fraudulent transactions and fund diversion, supporting recovery and applications under the IBC.

Warning signs

Signs you need an independent investigation

  • Sudden deterioration in a borrower’s financials
  • Large related-party transactions before default
  • Assets sold below value or transferred to group entities
  • End-use of loan funds that cannot be verified

Act quickly, act carefully

What to do in the first 48 hours

  1. Step 01

    Secure books and records

    Obtain access to accounting systems and bank statements early.

  2. Step 02

    Define the look-back period

    Align the review with statutory look-back periods.

  3. Step 03

    Coordinate with counsel

    Findings may support applications before the adjudicating authority.

Our approach

How we investigate

  1. 01

    Transaction review

    Test transactions against the IBC categories of avoidance transactions.

  2. 02

    Fund-flow analysis

    Trace loan funds and identify diversion or siphoning.

  3. 03

    Related-party mapping

    Identify connected entities and individuals.

  4. 04

    Reporting

    Clear findings with supporting evidence for lenders and the RP.

What you receive

  • Transaction audit report
  • Fund-flow analysis
  • Schedule of potential avoidance transactions

Frequently asked questions

What are avoidance transactions under the IBC?

The Insolvency and Bankruptcy Code, 2016 allows certain transactions to be challenged: preferential transactions (section 43), undervalued transactions (section 45), extortionate credit transactions (section 50) and fraudulent or wrongful trading (section 66).

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