Section 8 in THE BILATERAL NETTING OF QUALIFIED FINANCIAL CONTRACTS ACT, 2020
8. Limitations on powers of administration practitioner. —
The administration practitioner shall not render or seek to render ineffective,—(a)any transfer, substitution or exchange of cash, collateral or any other interests under or in connection with a netting agreement between the insolvent party and the non-insolvent party to a qualified financial contract; or(b)any payment or delivery obligation incurred by the insolvent party and owing to the non-insolvent party under or in connection with a netting agreement on the grounds of it constituting a preference including a fraudulent preference or a transfer for undervalue, including during a suspect period by the insolvent party to the non-insolvent party.Explanation.—For the purposes of this clause, “suspect period” means the relevant period referred to in sub-section (4) of section 43 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) in respect of “preferential transaction” and in sub-section (1) of section 46 of the said Code in respect of “undervalued transaction”.
