"Vasudev Kutumbakam or one world one family is the motto of any business entity in addition to political and cultural togetherness. This has prompted to the formation of United Nations Organisation (UNO) to ensure smooth
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2018
"Vasudev Kutumbakam or one world one family is the motto of any business entity in addition to political and cultural togetherness. This has prompted to the formation of United Nations Organisation (UNO) to ensure smooth universal trade". Comment on the statement with special emphasis on efforts being made with respect to Cross Border Insolvency.
Answer & Explanation:
United Nations Commission on International Trade Law (UNCITRAL) was formed in 1966 as on organ of UNO with a mandate to further the harmonization and unification of the law relating to International Trade. Commission has developed a Model Law on Cross-Border Insolvency (the Model Law) in order to create and maintain harmony in regulatory aspects of insolvency mechanism across countries. The Model Law respects the differences among national procedural laws and does not attempt a substantive unification of insolvency law. It offers solutions that help in several significant ways to have harmony among regulatory frameworks. Its Motto is harmonization of legislations across countries. Model Law aims co-operation between the courts and competent authorities, greater legal certainty for trade and investment, fair and efficient administration to protect the interests of creditors, stakeholders including the debtor, protection, maximisation of the value of the debtor's assets and facilitation of the rescue of financially troubled businesses thus protecting investment and preserving employment. Key provision of Model Law aims at access, recognition, relief assistance and co-operation.
Topics: Insolvency
Related Questions in this Topic
- M/s Speed Airways Pvt Ltd. a borrower, filed a case before a civil court that Diligent Bank, a secured creditor, has not...
- UNCITRAL Model Law is binding on member countries but at the best obiter dicta for Courts of the member countries dealin...
- Progress of enforcement of Insolvency and Bankruptcy Code, 2016 depends on four pillars apart from the adjudicating auth...
- "Banks and financial institutions do have free hands to take possession of assets of a defaulting debtor under Securitie...
- Unlike Companies Act, 1956 winding up can be resorted to only when resolution plan either could not be finalised or fail...