Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia

Asian Business Law Institute and International Insolvency Institute
May 2022
65 pages

Preface

Micro and small enterprises (MSEs) represent the vast majority of businesses in all jurisdictions in Asia. Despite the economic relevance of MSEs and the importance of the insolvency process,
most Asian jurisdictions do not have insolvency frameworks that are suitable for MSEs. The COVID-19 pandemic has further exacerbated the woes of these businesses.

This Guide is thus prepared with a view of seeking to provide a set of principles or policy recommendations for the implementation of an efficient and effective insolvency framework for MSEs in Asia. These principles or policy recommendations include five Key Principles suggested for more immediate adoption by jurisdictions that seek to implement an attractive insolvency framework for MSEs, and six Aspirational Principles that should ideally be
adopted over time to provide MSEs with a comprehensive legal and institutional environment to deal with financial distress.

In the preparation of this Guide, current academic literature, as well as the principles and policy recommendations suggested by international organisations, including international standard-setters such as UNCITRAL and the World Bank, have been taken into consideration to achieve better alignment. As this Guide focuses specifically on Asia which has unique and region-specific features, however, some of the general principles and policy recommendations suggested in existing international literature have been further developed, emphasised or fine-tuned in this Guide.

Book Details

Pages: 410 pages
Editor: Clarisse GIROT
Publisher: Asian Business Law Institute (May 2018)
Language: English
ISBN: 978-981-11-7311-0
Dimensions: 240mm x 152mm
Weight: 0.662 kg

Dr Clarisse GIROT is a Senior Research Fellow at the Asian Business Law Institute. Dr Girot was previously Counsel to the President of the French data privacy regulator, Commission nationale de l’informatique et des libertés (CNIL), and prior to that Dr Girot was head of CNIL’s department for European and International Affairs.

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Key Principles

Key Principle 1

Promote Out-of-Court Restructuring for Viable MSEs

Key Principle 2

Implement a Simplified Insolvency Process for MSEs

Key Principle 3

Provide a Discharge of Debts for Honest but Unfortunate Entrepreneurs

Key Principle 4

Reduce the Stigma of Insolvency Proceedings

Key Principle 5

Build up Training and Institutional Capacity

Aspirational Principles

Aspirational Principle 1

Implement Hybrid Procedures

Aspirational Principle 2

Grant Tax Incentives for Debt Restructurings

Aspirational Principle 3

Promote Mediation and Other Forms of Alternative Dispute Resolution

Aspirational Principle 4

Involve Public Creditors in Restructurings

Aspirational Principle 5

Promote Litigation Funding

Aspirational Principle 6

Create a Public Agency for Managing Simplified Processes for MSEs

Table of contents