DEBT RECOVERY MANAGEMENT
COMPETENCE
This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to effectivelyapply insolvency laws in debt recovery and management of debt recovery work for a range of customers in line with legal, regulatory and industry frameworks.
LEARNING OUTCOMES
A candidate who passes this paper should be able to:
- Employ insolvency proceedings for recovery of debts effectively.
- Advise on recovery of debts under partnerships dissolution.
- Evaluate viability of recovery of debts through cross border insolvencies.
- Evaluate commercial viability in closure of credit obligations.
- Assess the options available in the recovery of debts.
- Prepare for selected debt recovery actions and manage debt recovery procedures and processes
CONTENT
Table of Contents
1. Insolvency regimes and legal framework.
1.1 Natural persons
1.2 Partnerships
1.3 Corporations – Artificial persons
1.4 Cross-border insolvencies
1.5 Debt (Summary Recovery) Act- Highlights
1.6 Auctioneers Act- Highlights
2. Insolvency of Natural persons
2.1 Meaning – Insolvency and bankruptcy
2.2 Nature of bankruptcy
2.3 Bankruptcy proceedings
2.4 Rights of creditors
2.5 Consequences of bankruptcy
2.6 Discharge of a bankrupt
- Alternatives to bankruptcy
3.1 No asset procedure
3.2 Summary Instalments order
3.3 Voluntary Arrangements
3.4 Proposal to Creditors
4. Dissolution of Partnerships
4.1 Break-up of a partnership and its effects of break-up
4.2 Restriction of ceasing to be a partner on or after break-up
4.3 Protection of property acquired after break-up
4.4 Winding up partners
4.5 Distribution of partners’ assets on winding up
4.6 Dissolution of a partnership which has broken up
4.7 Appointment of the administrator and provisional liquidator
4.8 Power of court to fix remuneration of receivers and managers
4.9 Appointment of a receiver as liquidator
4.10 Provisions relating to receiver or manager appointed
5. Corporate Insolvency
5.1 Meaning of corporate insolvency
5.2 Receivership
5.3 Types of liquidation – Members’ voluntary, Creditors Voluntary and Liquidation court order
5.4 Official receiver/liquidator
5.5 Committee inspection
5.6 Distribution of assets and priority of claims
6. Debt Management via Arbitration
6.1 Interpretation of arbitration – Domestic and international arbitration
6.2 Appointment and discharge of an arbitrator
6.3 Conduct of Arbitral proceedings
6.4 Arbitral award and its enforcement
6.5 Other ADR mechanisms – Mediation, Negotiation and conciliation
7. Cross-border insolvencies
7.1 Model Law on cross-border insolvencies
7.2 United Nations Commission on International Trade Law (UNCITRAL) legislative guide on insolvency law
7.3 Principles for effective Insolvency & Creditor/debtor regimes – World Bank
8. The Auction Process
8.1 Meaning
8.2 Understanding the Auction process
8.3 Complaints against the auctioneers
8.4 Rights to recover damages from Auctioneers
8.5 Appeals handling