Business Reforms for Resolving Insolvency

Positive= Doing Business reform making it easier to do business. Negative= Doing Business reform making it more difficult to do business.

Albania

Positive DB 2010:

A new insolvency law established time limits during insolvency, professional qualifications for insolvency administrators, and an Agency of Insolvency Supervision to regulate insolvency administrators. A simplified insolvency procedure for small businesses was introduced as well.


Argentina

Negative DB 2008:

Bankruptcy judges were stripped of jurisdiction over labor lawsuits and exempted such claims from the automatic stay applicable to claims, which are to be continued and concluded at the labor courts before presentation to the bankruptcy court for verification. Also, a company must now set aside 1% of their gross revenues to satisfy labor claims - even if the company did not turn a profit.


Armenia

Positive DB 2012:

Armenia amended its bankruptcy law to clarify procedures for appointing insolvency administrators, reduce the processing time for bankruptcy proceedings and regulate asset sales by auction.


Positive DB 2008:

A new law introduces a number of important changes to the bankruptcy procedure, increasing the range of actions available to companies in reorganization. The law also excludes the debtor's founders, shareholders and partners from voting on a reorganization plan, and sets a two-day limit for the judge to decide whether to approve a plan.


Australia

Positive DB 2012:

Australia clarified the priority of claims of unsecured creditors over all shareholders’ claims and introduced further regulation of the profession of insolvency practitioners.


Austria

Positive DB 2012:

Austria passed a new law that simplifies restructuring proceedings and gives preferential consideration to the interests of the debtors.


Belarus

Positive DB 2011:

Belarus amended regulations governing the activities of insolvency administrators and strengthened the protection of creditor rights in bankruptcy.


Belgium

Positive DB 2011:

Belgium introduced a new law that will promote and facilitate the survival of viable businesses experiencing financial difficulties.


Bolivia

Negative DB 2009:

Applications for voluntary restructuring of financially distressed companies were suspended. The only option now is a lengthy bankruptcy procedure that typically takes years.


Bosnia and Herzegovina

Positive DB 2009:

Professional requirements were tightened for trustees to speed bankruptcy procedures.


Botswana

Negative DB 2008:

It is tougher for small and medium enterprises to operate. An amendment in the Insolvency Act, grants employees preferred creditor status ahead of secured creditors.


Bulgaria

Positive DB 2012:

Bulgaria amended its commerce act to extend further rights to secured creditors and increase the transparency of insolvency proceedings.


Positive DB 2009:

Two new laws- the Civil Procedure Code and the Law for the Commercial Registry- were passed which will speed up the resolution of bankruptcy. The Civil Procedure Code removed the requirement for the Supreme Cassation Court to hear all cases. Now the court can decide whether or not to hear a case.


Burundi

Positive DB 2012:

Burundi amended its commercial code to establish foreclosure procedures.


Cambodia

Positive DB 2009:

The 2007 Bankruptcy Law was adopted, its Cambodia's first ever regulating the bankruptcy of private enterprises. The law introduces a reorganization procedure to restructure insolvent companies.


Cape Verde

Positive DB 2012:

Cape Verde introduced qualification requirements for insolvency administrators and a shorter time frame for liquidation proceedings.


China

Positive DB 2008:

The first law regulating the bankruptcy of private enterprises since 1949 came into effect. Secured creditors with claims created after the law was passed now rank first in payment priority, even over tax and new wage claims. A reorganiza­tion procedure for restructuring insolvent companies was also introduced. Finally, the law introduced provisions for bankruptcy administrators, creditors' committees.


Colombia

Positive DB 2012:

Colombia amended regulations governing insolvency proceedings to simplify the proceedings and reduce their time and cost


Positive DB 2010:

Several decrees were passed continuing efforts to regulate the profession of insolvency administrators.


Positive DB 2009:

Authorities also introduced two new insolvency proceedings: a reorganization procedure to restructure insolvent companies and a mandatory liquidation procedure. Its new insolvency law tightens time limits for negotiating reorganization agreements. Before, the term allowed was six months, with a possible extension of eight months. The new law limits the term to four months, and the extension to two.


Croatia

Positive DB 2008:

The Insolvency Act was amended to set out professional requirements for bankruptcy trustees and reduce statutory time requirements.


Czech Republic

Positive DB 2011:

The Czech Republic made it easier to deal with insolvency by introducing further legal amendments to restrict setoffs in insolvency cases and suspending for some insolvent debtors the obligation to file for bankruptcy.


Denmark

Positive DB 2012:

Denmark introduced new rules on company reorganization, which led to the elimination of the suspension-of-payments regime.


Positive DB 2008:

Upon an evaluation of the insolvency system, using the 2007 Doing Business report, the Danish High Court found that many procedural delays were caused by the trustee. The new law provides measures for creditor and judicial monitoring of trustees' work, and institutes financial incentives for trustees to conduct proceedings more efficiently.


Estonia

Positive DB 2011:

Amendments to Estonia’s recent insolvency law increased the chances that viable businesses will survive insolvency by improving procedures and changing the qualification requirements for insolvency administrators.


Positive DB 2010:

An act was adopted enabling distressed companies on the verge of insolvency to reorganize themselves, restructure their debt, and apply other measures to regain financial health and restore profitability.


Finland

Positive DB 2009:

The restructuring of Enterprises Act was revised making it easier for companies in distress to reorganize.


France

Positive DB 2012:

France passed a law that enables debtors to implement a restructuring plan with financial creditors only, without affecting trade creditors.


Positive DB 2010:

The insolvency process was improved by encouraging preinsolvency workouts and no longer requiring estimation of the value of assets by a public auctioneer.


Georgia

Positive DB 2011:

Georgia improved insolvency proceedings by streamlining the regulation of auction sales.


Positive DB 2008:

A new law on insolvency procedure allots shorter time limits for the reorganization of a distressed company or the disposition of the debtor's assets, thus ensuring a more productive use of debtors' assets and an overall decrease in time.


Germany

Positive DB 2010:

The recent Act on the Implementation of Measures to Stabilize the Financial Market (Finanzmarktstabilisierungsgesetz) removes the requirement for potentially viable companies to file for immediate insolvency in cases of overindebtedness.


Positive DB 2009:

It is easier for companies in distress to restructure by allowing the court to suspend enforcement against assets essential to the continuation of the business with the aim of keeping the company working as a going concern.


Greece

Positive DB 2009:

A new bankruptcy law was passed that is expected to allow more companies in distress to emerge as going concerns.


Hong Kong, China

Positive DB 2009:

Trustees were granted more power in bankruptcy proceedings, a change expected to make the liquidation procedure more efficient.


Hungary

Positive DB 2011:

Amendments to Hungary’s bankruptcy law encourage insolvent companies to consider reaching agreements with creditors out of court so as to avoid bankruptcy.


India

Positive DB 2010:

Procedures under the 2002 Securitization Act have become more effective, easing the process and reducing the time required to close a business.


Israel

Positive DB 2012:

Israel amended its courts law to establish specialized courts for dealing with economic matters.


Italy

Positive DB 2012:

Italy introduced debt restructuring and reorganization procedures as alternatives to bankruptcy proceedings and extended further rights to secured creditors during insolvency proceedings.


Positive DB 2008:

The bankruptcy procedure was reorganized, giving larger powers to the trustee. The new rules are intended to favor going-concern transfers over piecemeal sales.


Japan

Positive DB 2011:

Japan made it easier to deal with insolvency by establishing a new entity, the Enterprise Turnaround Initiative Corporation, to support the revitalization of companies suffering from excessive debt but professionally managed.


Korea

Positive DB 2011:

Korea made it easier to deal with insolvency by introducing post filing financing, granting super priority to the repayment of loans given to companies undergoing reorganization.


Kuwait

Positive DB 2010:

A law was established enabling restructuring of companies facing financial difficulty or insolvency.


Kyrgyz Republic

Negative DB 2011:

The Kyrgyz Republic streamlined insolvency proceedings and updated requirements for administrators, but new formalities added to prevent abuse of proceedings made closing a business more difficult.


Latvia

Positive DB 2012:

Latvia adopted a new insolvency law that streamlines and expedites the insolvency process and introduces a reorganization option for companies.


Positive DB 2011:

Latvia introduced a mechanism for out-of-court settlement of insolvencies to alleviate pressure on courts and tightened some procedural deadlines.


Positive DB 2009:

A new insolvency law made it possible for the first time for financially distressed companies to continue operating by pursuing reorganization. The reform also tightened the qualification standards for bankruptcy administrators.


Lithuania

Positive DB 2012:

Lithuania amended its reorganization law to simplify and shorten reorganization proceedings, grant priority to secured creditors and introduce professional requirements for insolvency administrators.


Positive DB 2011:

Lithuania introduced regulations relating to insolvency administrators that set out clear rules of liability for violations of law.


Positive DB 2010:

The process of closing a business was eased through amendments to the enterprise bankruptcy law.


Macedonia, FYR

Positive DB 2012:

FYR Macedonia increased the transparency of bankruptcy proceedings through amendments to its company and bankruptcy laws.


Malawi

Positive DB 2012:

Malawi adopted new rules providing clear procedural requirements and time frames for winding up a company.


Positive DB 2010:

A law was introduced limiting liquidator fees during insolvency procedures.


Malaysia

Positive DB 2012:

Malaysia established dedicated commercial courts to handle foreclosure proceedings.


Mauritius

Positive DB 2010:

new insolvency law introduced a rehabilitation procedure for companies as an alternative to winding up and defines the rights and obligations of creditors and debtors—as well as sanctions for those who abuse the system.


Positive DB 2008:

The new Borrower Protection Act will allow for a faster sale of immovable assets, significantly reducing the time it takes creditors to recover their debt.


Mexico

Positive DB 2009:

The bankruptcy law was amended to make reorganization more accessible. Now debtors and creditors may enter into a reorganization agreement at any stage of the insolvency procedure, which is expected to speed the process.


Moldova

Positive DB 2012:

Moldova amended its insolvency law to grant priority to secured creditors.


Montenegro

Positive DB 2012:

Montenegro passed a new bankruptcy law that introduces reorganization and liquidation proceedings, introduces time limits for these proceedings and provides for the possibility of recovery of secured creditors’ claims and settlement before completion of the entire bankruptcy procedure.


Namibia

Positive DB 2012:

Namibia adopted a new company law that established clear procedures for liquidation.


New Zealand

Positive DB 2009:

A reorganization procedure was introduced that should make it easier for companies in distress to emerge as going concerns.


Philippines

Positive DB 2012:

The Philippines adopted a new insolvency law that provides a legal framework for liquidation and reorganization of financially distressed companies.


Positive DB 2010:

Reorganization procedures were promoted by introducing prepackaged reorganizations and regulating the receiver profession.


Poland

Positive DB 2012:

Poland amended its bankruptcy and reorganization law to simplify court procedures and extend more rights to secured creditors.


Positive DB 2010:

The process of dealing with distressed companies was eased with an amendment to its bankruptcy law introducing the option of prebankruptcy reorganization for companies facing financial difficulties.


Positive DB 2009:

Bankruptcy procedures were strengthened through a new law on trustee licensing that tightens professional requirements for administrators. Obtaining a trustee’s license now requires passing an exam in economics, law, finance, and management. The reform also limits trustees’ pay to maximum 3 percent of the bankrupt estate’s value, down from maximum 5 percent, increasing the recovery rate from 28 to 30 cents on the dollar.


Portugal

Positive DB 2009:

Bankruptcy laws were reformed, eliminating the need to publish insolvency notices in newspapers, introducing fast-track procedures for small debtors and limiting procedural appeals.


Positive DB 2008:

Fast-track procedures were created for the voluntary liquidation of commercial enterprises. Alleviating the administrative burden, an entrepreneur can now wind up a company at the registry office


Romania

Positive DB 2012:

Romania amended its insolvency law to shorten the duration of insolvency proceedings.


Positive DB 2011:

Substantial amendments to Romania’s bankruptcy laws—introducing, among other things, a procedure for out-of-court workouts—made dealing with insolvency easier.


Negative DB 2010:

The cost of insolvency procedures was increased by requiring that 1.5 percent of the amount recovered from each insolvency procedure be transferred to a fund that reimburses the expenses of insolvency administrators when debtors have no assets.


Russia

Positive DB 2011:

Russia introduced a series of legislative measures in 2009 to improve creditor rights and the insolvency system.


Positive DB 2010:

Several changes were introduced to the insolvency law to speed up liquidation and strengthen the legal status of secured creditors.


Rwanda

Positive DB 2010:

The process for dealing with distressed companies was improved with a new law aimed at streamlining reorganization.


Samoa

Positive DB 2010:

A new corporate law and a law introducing receivership were enacted, easing the process of closing a business.


Saudi Arabia

Positive DB 2011:

Saudi Arabia speeded up the insolvency process by providing earlier access to amicable settlements and putting time limits on the settlements to encourage creditors to participate.


Positive DB 2009:

The Ministry of Commerce introduced strict deadlines for bankruptcy procedures. Auctions of debtors’ assets are expected to take place more quickly than before.


Serbia

Positive DB 2012:

Serbia adopted legislation introducing professional requirements for insolvency administrators and regulating their compensation.


Positive DB 2011:

Serbia passed a new bankruptcy law that introduced out-of-court workouts and a unified reorganization procedure.


Sierra Leone

Positive DB 2012:

Sierra Leone established a fast-track commercial court in an effort to expedite commercial cases, including insolvency proceedings.


Positive DB 2010:

The insolvency process was eased with a new company act that provides provisions for reorganization and administration that are encouraging ailing businesses to first try to reorganize instead of going straight to liquidation.


Slovenia

Positive DB 2012:

Slovenia simplified and streamlined the insolvency process and strengthened professional requirements for insolvency administrators.


Solomon Islands

Positive DB 2012:

The Solomon Islands adopted a new law that simplified insolvency proceedings.


South Africa

Positive DB 2012:

South Africa introduced a new reorganization process to facilitate the rehabilitation of financially distressed companies.


Spain

Positive DB 2011:

Spain amended its regulations governing insolvency proceedings with the aim of reducing the cost and time. The new regulations also introduced out-of-court workouts.


St. Vincent and the Grenadines

Positive DB 2009:

A new bankruptcy law was enacted, the first set of rules regulating the bankruptcy of private enterprises.


Switzerland

Positive DB 2012:

Switzerland introduced a unified civil procedure code and made a number of changes to its federal bankruptcy law.


Tajikistan

Positive DB 2010:

The insolvency law was amended, aiming to reduce statutory time limits and the costs of proceedings.


Ukraine

Positive DB 2012:

Ukraine amended its legislation on enforcement, introducing more guarantees for secured creditors.


United Kingdom

Positive DB 2011:

Amendments to the United Kingdom’s insolvency rules streamline bankruptcy procedures, favor the sale of the firm as a whole and improve the calculation of administrators’ fees.


Uruguay

Positive DB 2010:

An insolvency law was enacted aimed at keeping distressed companies operating as going concerns.


Uzbekistan

Positive DB 2008:

A presidential decree for a special procedure for the voluntary liquidation of private companies was signed into force in April 2007. The decree specifies the state bodies required to participate in the procedure as well as all necessary documents; it also introduces a “one window”-concept to the procedure.


Reform Summaries


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