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Contents

Part IV · Debt Restructuring Arrangements

50. Debt Restructuring Arrangements: Preparation of Debtor Proposal

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

(1)

A debtor who meets the criteria in section 46 may prepare, with the assistance of a personal insolvency proposer, a proposal for a Debt Restructuring

Arrangement.

Rescue, Rehabilitation and Insolvency

(2)

The form of a proposal for a Debt Restructuring

Arrangement may be prescribed.

(3)

The proposal for a Debt Restructuring Arrangement shall —

(a)

be signed by the debtor;

(b)

have endorsed on it the name of —

(i)

the person, firm or body who is acting as a personal insolvency proposer; and

(ii)

the person, firm or body who is willing to act as a personal insolvency administrator on the coming into effect of the Debt Restructuring

Arrangement.

(4)

The proposal for a Debt Restructuring Arrangement shall include a statement of the personal insolvency proposer confirming that the personal insolvency proposer is of the opinion that —

(a)

the debtor satisfies the eligibility requirements of section 46;

(b)

to the best of the personal insolvency proposer’s knowledge, the information contained in the debtor’s statement of financial affairs is complete and accurate;

(c)

the proposal has a reasonable prospect of being approved and implemented; and

(d)

the proposal offers a reasonable means of facilitating the economic rehabilitation of the debtor while allowing fair contributions to creditors from the debtor’s available resources.

Rescue, Rehabilitation and Insolvency

(5)

The proposal for a Debt Restructuring Arrangement shall include a statement of the debtor’s financial affairs, and such other requirements as may be prescribed.

(6)

The statement of the debtor’s financial affairs, as required by subsection (5), shall be in accordance with section 94 and any regulations made thereunder.

(7)

The proposal for a Debt Restructuring Arrangement shall include a statement of the debtor’s consent to —

(a)

the Official Receiver making such enquiries as it considers necessary to determine whether the debtor meets the eligibility criteria specified in section 46;

(b)

the postponement of the consideration of the

Debt Restructuring Arrangement proposal by the

Official Receiver until the Official Receiver has received satisfactory answers to such enquiries;

(c)

the disclosure by the Official Receiver of the personal data of the debtor to creditors and other third parties, to the extent necessary for the making and consideration of a Debt Rehabilitation Order application; and

(d)

the disclosure to the Official Receiver, by creditors, government agencies or any other relevant third parties, of personal data of the debtor, to the extent necessary for the making and consideration of a Debt Rehabilitation Order application.

(8)

The proposal for a Debt Restructuring Arrangement shall include a statement of the debtor’s acknowledgement that, on making a proposal for an Arrangement, the debtor becomes subject to any relevant obligations of debtors specified in section 32 that may reasonably apply to the

Rescue, Rehabilitation and Insolvency circumstances of a proposal for a Debt Restructuring

Arrangement.

(9)

On the preparation by the debtor with the assistance of the personal insolvency proposer, of a proposal that satisfies the requirements of this section, the personal insolvency proposer shall submit the proposal to the Official Receiver.

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