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Contents

Part VI

89. Bankruptcy Notice and inability to pay

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

(1)

A bankruptcy notice shall be in such form as may be prescribed, and shall —

(a)

require the debtor, in relation to a debt owed to a petitioning creditor —

(i)

to pay the debt, including any payable interest and costs;

(ii)

to give security for the amount owing to the satisfaction of the petitioning creditor; or

(iii)

to compound the debt to the satisfaction of the petitioning creditor;

(b)

state the consequences of non-compliance with the bankruptcy notice; and

(c)

be served on the debtor in Sri Lanka, or with the court’s permission, outside Sri Lanka.

(2)

A Bankruptcy Notice shall not be invalidated by reason only that the sum specified in the Bankruptcy Notice as the amount due exceeds the amount actually due, unless-

(a)

the debtor notifies the creditor in writing that he disputes the validity of the Bankruptcy Notice because it overstates the amount actually owing;

and

Rescue, Rehabilitation and Insolvency

(b)

the debtor makes the notification within the time specified in the bankruptcy notice for the debtor to comply with the bankruptcy notice.

(3)

For the purposes of paragraph (d) of subsection (1) of section 88, a pre-bankruptcy default has occurred only if, the conditions of subsection (4) or (5) are satisfied.

(4)

Where a debtor owes an included debt of an amount of two million rupees or more to a petitioning creditor-

(a)

the petitioning creditor to whom the debt is owing shall be served on the debtor a Bankruptcy

Notice;

(b)

after a period exceeding twenty-one days have elapsed since the date on which the Bankruptcy

Notice was served; and

(c)

the Bankruptcy Notice has been neither —

(i)

complied with; nor

(ii)

set aside, in such manner as may be prescribed, the Bankruptcy Order shall be deemed to be invalidated.

(5)

The requirements of this subsection shall be that —

(a)

a creditor has obtained a final judgment or final order against the debtor for an amount of two million rupees or more; and

(b)

the execution or other process issued in respect of the debt has been returned unsatisfied in whole or in part.

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