Parliament has passed the Corporate Insolvency Bill, 2019 to provide a framework for the regulation of insolvency practitioners and also facilitate access to timely, efficient and impartial insolvency proceedings either directly or through the creditor’s committees.
The Act will promote efficient closure and transfer of assets of businesses which are no longer viable, and a proper winding up of businesses where the members for other reasons, decide to cease operations.
The Act is also expected to reduce the burden of insolvency through potentially higher and equitable distribution of assets of failed companies to creditors, as well as permit insolvency practitioners to accept appointment as liquidators of insolvent companies.
The passage of the Bill came after it had undergone intensive amendments at the Consideration Stage after it was first laid before the House on Wednesday, March 27, 2019, seeking to provide effective and efficient insolvency laws and institutions which are critical for economic growth.
The Majority Leader and the Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu laid the Bill on the floor of the House on behalf of the Minister responsible for Justice and Attorney General, Honourable Gloria Akuffo.
The Speaker of Parliament, Rt. Hon. Prof. Aaron Mike Oquaye subsequently referred it to the Parliamentary Select Committee on Constitutional, Legal and Parliamentary Affairs chaired by MP for Offinso South, Ben Abdallah Banda, for consideration and Report.
The green light given the Bill followed the approval by the House on Wednesday April 1, 2020 after agreeing that most companies faced serious financial problems and also that most financial institutions carried huge non-performing loan portfolios.
Prior to the passage of the Bill, the Majority Leader and MP for Suame, Osei Kyei-Mensah-Bonsu, moved the motion for it to be read the third time which was seconded by the Minority Leader and the MP for the Tamale South Constituency, Haruna Iddrisu.
The Majority Leader said in Ghana it is imperative that effective insolvency laws and institutions are established to help improve the quality of legal regime for corporate bodies and administration when they become solvent.
The Bill will be forwarded to His Excellency the President Nana Addo Dankwa Akufo-Addo who is expected to give it, Presidential Assent.