PAPER NO. 14 DEBT RECOVERY MANAGEMENT
COMPETENCE
This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to effectively apply 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
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
3. 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 by 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 by 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
Sample reading and reference materials
1. Mason, R. (2006). The Complete Guide to Debt Recovery. New Delhi: Viva Books Private Ltd.
2. Insolvency Act 2015. (Revised 2020).
3. Partnership Act.
4. Auctioneers Act .
5. Arbitration Act.
6. Universal Provisions on cross border insolvency.
7. Kasneb e-learning resources (link on the Kasneb website).
8. Kasneb approved study packs.