jeudi 11 décembre 2008

Maurice: Adoption d'un "Insolvency Bill "

Cabinet  [05/12/2008]  has agreed to the introduction into the National Assembly of the Insolvency Bill which aims at reforming the law relating to the insolvency of individuals and companies, and in particular to –

  (a) provide straightforward and fair procedures for realising and distributing the assets of insolvent individuals and companies;

  (b) promote honest trading and the prudent incurring of liabilities, impose penalties on the fraudulent and reckless trading and management of assets leading to insolvency, and place appropriate sanctions on profligate individual and commercial behaviour;

  (c) provide alternatives to bankruptcy for individuals facing insolvency and procedures for workout and administration of companies as alternatives to winding up with a view to their rehabilitation; and

  (d) address the position of cross-border insolvencies in relation to companies.

  The Bill presents a comprehensive set of insolvency reforms that would address the recommendations of the World Bank pertaining to the insolvency legal framework. The new law, if well implemented, would provide Mauritius with a modern and effective insolvency system.