192016Apr
Annual guide to Insolvency in Africa

Annual guide to Insolvency in Africa

There are diverse challenges and risks which any investor, financial institution or international corporate might face in investing in any jurisdiction around the world. Particularly, in emerging markets like those found in Africa, it is important to understand the limitations, scope and efficacy of the insolvency regimes applicable in each jurisdiction and the ability to…

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62016Apr
Botswana: How to be a prudent creditor

Botswana: How to be a prudent creditor

Has someone owed you money for some time, offering unfathomable excuses? Fear not, this article aims to help. Rule number one is whenever you loan anyone any amount of money, reduce the agreement to writing. By putting an agreement in writing you eliminate the risk of potential disputes. In your agreement, always ensure that there…

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62016Apr
Botswana: Insolvent Debtor? Consider your options

Botswana: Insolvent Debtor? Consider your options

Often, when creditors are faced with an insolvent debtor which is a company, there is a misconception that the only option is to place the company under liquidation. There are alternatives which could avert the need for liquidation which, as we know, has disastrous consequences such as retrenchments and very little prospects of recovery, in…

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292016Jan

Mozambique: Penal Code vs Insolvency Law

Section I of Chapter II, Title II of the Penal Code, approved by Law no.35/2014, of 31st of December (“PC”) is dedicated to “bankruptcies, fraud and other frauds”. Paragraph 1 of art.. 295º, of the PC establishes that “[t]hose who, in cases set out by the Commercial Code, are considered to be perpetrators of the…

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