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Contents

Part I

3. Establishment of the Insolvency Regulatory Authority

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

(1)

There shall be established an Authority which shall be called and known as the “Insolvency Regulatory

Authority ” (in this Act referred to as the “Authority”) to exercise, perform and discharge the powers, duties and functions specified in this Act.

(2)

The Authority shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.

(3)

The members of the Authority shall consist of –

(a)

the following ex-officio members namely-Rescue, Rehabilitation and Insolvency

(i)

the Secretary to the Ministry of the Minister assigned the subject of Finance or his nominee not below the rank of Deputy

Secretary to the Treasury;

(ii)

the Secretary to the Ministry of the Minister assigned the subject of Justice or his nominee not below the rank of an Additional

Secretary;

(iii)

the Secretary to the Ministry of the Minister assigned the subject of Trade or Commerce or his nominee not below the rank of an

Additional Secretary;

(iv)

the Registrar of Companies or his nominee not below the rank of an Additional Registrar of Companies;

(v)

the Director-General of Securities and

Exchange Sri Lanka appointed under section 19 of the Securities and Exchange

Commission Act, No. 19 of 2021 or his nominee not below the rank of Deputy

Director-General;

(vi)

the

Commissioner-General of

Inland

Revenue appointed under section 97 of the Inland Revenue Act, No. 24 of 2017 or his nominee not below the rank of Deputy

Commissioner-General;

(vii)

the Governor of the Central Bank appointed under section 14 of the Central Bank Act,

No. 16 of 2023 or his nominee not below the rank of an Assistant Governor; and

(viii)

two members, each nominated by the Board of the Ceylon Chamber of Commerce established under the Chamber of Commerce

Rescue, Rehabilitation and Insolvency

Ordinance (Chapter 289) and the Board of the National Chamber of Commerce, respectively; and

(b)

five other members appointed under subsection (5) (in this Act referred to as the “appointed members”), from among the persons below the age of seventy years and having distinguished themselves with proven knowledge, experience and eminence in the fields of taxation, accountancy, banking, information technology, civil, commercial or corporate law and who shall be competent, honest, of high morality and of good repute.

(4)

(a)

The Constitutional Council shall, within one month from the date of coming into operation of this Act, call for applications for the appointment of the appointed members by publishing a notice -

(i)

in the Gazette; and

(ii)

on the official website of the Parliament.

(b)

The Constitutional Council in respect of a future vacancy in the appointed members shall, within one month from being informed of such vacancy in writing, call for applications for the appointment of the appointed members by publishing a notice -

(i)

in the Gazette; and

(ii)

on the official website of the Parliament.

(5)

Upon receipt of the applications under subsection (4), the

Constitutional

Council shall forward its recommendations of the persons to be appointed to the

President. The President shall proceed to appoint the persons so recommended, one of whom shall be the Chairperson of the Authority.

Rescue, Rehabilitation and Insolvency

(6)

The provisions relating to appointed members of the

Authority and such other provisions as are necessary for the proper implementation of the affairs of the Authority shall be as set out in the First Schedule.

(7)

The appointed members of the Authority shall be paid a remuneration in such manner and at such rates as may be determined by the Minister, from time to time, with the concurrence of the Minister assigned the subject of Finance, and such remuneration shall not be diminished during their term of Office.

Part II

Personal Insolvency: Principles

Part III

Debt Protection Moratorium Order

Part IV

Debt Restructuring Arrangements

Part V

Debt Rehabilitation Orders

Part VI

Part VII

Personal Insolvency Register

Part VIII

Part IX

Part X

Compromises

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Part XII

Part XIII

Part XIV

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules