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Part XI · Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

280. MSME Company Debt Restructuring Arrangements: Secured Creditors and Property Rights

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Without limiting the ability of the parties to agree on the terms of a MSME Company Debt Restructuring

Arrangement other than under the provisions of this Part, an

Arrangement may include terms providing for the payment, satisfaction or restructuring of both unsecured and secured debts and the rights of counterparties to hire-purchase agreements.

(2)

Subject to the rules on creditors’ approval of a MSME debtor’s proposal under section 284, a MSME Company Debt

Restructuring Arrangement may include terms providing for the treatment of any property that is subject to a security or of a hire-purchase agreement, which may include-

(a)

the sale or disposition of the property;

(b)

the surrender of the property to the MSME debtor; or

(c)

the retention by the secured creditor or hire-purchase agreement counterparty of the property.

(3)

Subject to the rules on creditors’ approval of a MSME debtor’s proposal under section 284, an MSME Company

Debt Restructuring Arrangement may include terms -

Rescue, Rehabilitation and Insolvency

(a)

modifying the rights of a secured creditor or hire-purchase agreement counterparty; or

(b)

providing that a secured creditor or hire-purchase agreement counterparty will not seize or realise its security or property while the arrangement is in force.

(4)

Subject to the rules on creditors’ approval of a

MSME debtor’s proposal under section 284, an MSME

Company Debt Restructuring Arrangement may include terms providing for the reduction of the principal sum due in respect of a secured debt or hire-purchase agreement, only where the Arrangement specifies that the amount of the reduced principal sum is not less than the value of the security.

(5)

Subject to the rules on creditors’ approval of a MSME debtor’s proposal under section 284, an MSME Company

Debt Restructuring Arrangement may include terms providing for -

(a)

the curing, within a reasonable time, of any default; and

(b)

maintenance of payments while the Arrangement is in effect on any secured debt on which the last payment is due after the completion of the

Arrangement.

(6)

Subject to the rules on creditors’ approval of a MSME debtor’s proposal under section 284, an MSME Company

Debt Restructuring Arrangement may include terms providing for the -

(a)

the curing, within a reasonable time, of any default; and

(b)

maintenance of rent payments while the

Arrangement is in effect arising under a rental

Rescue, Rehabilitation and Insolvency agreement into which the MSME debtor has entered with a relevant creditor.