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Contents

Part IV · Debt Restructuring Arrangements

51. Debt Restructuring Arrangement: Negotiation Meeting

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

(1)

The personal insolvency proposer shall seek a decision from the debtor’s creditors as to whether they approve the proposal for a Debt Restructuring Arrangement.

(2)

The decision by the debtor’s creditors to approve or reject the proposal shall be made by a Debt Restructuring

Arrangement negotiation meeting.

(3)

The personal insolvency proposer shall consider the convenience of creditors and the debtor in fixing the date and venue for the negotiation meeting, which may take place in-person or via digital communication means.

(4)

The personal insolvency proposer shall send to every known creditor, who is a creditor in respect of an included debt -

(a)

written notice of the negotiation meeting;

(b)

a copy of the proposal for a Debt Restructuring

Arrangement, including all of the requirements specified in section 50;

(c)

a creditor’s claim form;

(d)

a postal vote form and electronic mail vote template;

(e)

a statement asking each creditor to decide whether it approves or rejects the proposed Debt

Restructuring Arrangement;

Rescue, Rehabilitation and Insolvency

(f)

a statement of the date on which the negotiation meeting will be held, that date being at least twenty one days after the sending of the statement; and

(g)

a statement to the effect that a creditor who does not attend the negotiation meeting, or does not cast a postal vote or electronic mail vote, shall be deemed to have accepted the proposal for a Debt

Restructuring Arrangement.

(5)

A creditor who has submitted a creditor’s claim form, in a manner satisfying any requirements which may be prescribed, may vote on the proposal by —

(a)

sending a postal vote that reaches the personal insolvency proposer before or at the negotiation meeting; or

(b)

sending an electronic mail vote that reaches the personal insolvency proposer before or at the negotiation meeting.

(6)

If the personal insolvency proposer receives a postal vote, or other communication of assent or dissent as prescribed, before or at the meeting, this vote or communication has effect as if the creditor had been present and voted at the meeting.

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