15 May 2012

Mauritius: Notice by the Minister under section 411(3) of the Insolvency Act


Notice is hereby given of the intention of the Minister of Finance and Economic Development to make regulations in respect of the qualifications of Insolvency Practitioners.

2. The matters to be contained in the intended regulations are as follows –

  • no person shall have his name entered in the register of Insolvency Practitioners under section 374 of the Act unless he 
  • possesses such qualifications as would entitle him to be a Secretary under section.165 of the Companies Act;
  • the revocation of the Insolvency (Transitional Provisions) Regulations 2009; 
  • any administrator, receiver or liquidator acting as such under the revoked Insolvency (Transitional Provisions) Regulations 2009 shall, upon completion of any administratorship, receivership or liquidation conducted pursuant to those regulations, cease to be an Insolvency Practitioner unless his name is entered in the register of Insolvency Practitioners under section 374 of the Act.


3. A copy of the draft regulations which is reproduced hereunder is available for inspection at the office of the Director of Insolvency Service, One Cathedral Square Building, Jules Koenig Street, Port Louis, on weekdays from 9.00 hrs to 16.00 hrs and may also be consulted on the website of the Companies Division (http://companies.gov.mu).

4. Submissions may be made on the draft regulations to the Director of Insolvency Service and sent to One Cathedral Square Building, Jules Koenig Street, Port Louis or by email at comd@mail.gov.mu not later than 60 days from the date of the publication of this Notice.

Dated this 15th day of May 2012.


DRAFT

Government Notice No. ….. of 2012


THE INSOLVENCY ACT

Regulations made by the Minister under section 411 of the Insolvency Act

1. These regulations may be cited as the Insolvency (Qualifications of Insolvency Practitioners) Regulations 2012.

2. In these regulations – “Act” means the Insolvency Act.

3. No person shall have his name entered in the register of Insolvency Practitioners under section 374 of the Act unless he possesses such qualifications as would entitle him to be a Secretary under section.165 of the Companies Act

1. The Insolvency (Transitional Provisions) Regulations 2009 are revoked.

2. Any administrator, receiver or liquidator acting as such under the revoked Insolvency (Transitional Provisions) Regulations 2009 shall, upon completion of any administratorship, receivership or liquidation conducted pursuant to those regulations, cease to be an Insolvency Practitioner unless his name is entered in the register of Insolvency Practitioners under section 374 of the Act

3. These regulations shall come into operation on …………………… 2012.

Made by the Minister on .....……… 2012


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