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| SECTION F - CIVIL/PENAL SANCTIONS |
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(a) Are there civil or penal/criminal sanctions in the legal
system of this economy in relation to the incurring and non-payment
of debts by corporate debtors (for example, some type of sanction
- such as the concept of 'insolvent trading' - to which the directors
of the corporate debtor may be subject)?
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Yes, there are civil and criminal sanctions in relation
to incurring and non-payment of debts.
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(b) What are these sanctions?
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To briefly state the types of sanctions, in the case of
checks, criminal sanctions may apply for criminal use of checks
(e.g., non-payment due to insufficient funds, cease of trading,
termination of checks etc. after the check is issued). Criminal
fraud and misrepresentation and civil tort liability may also apply.
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(c) Do any of these sanctions have the effect of encouraging
the directors of a corporate debtor to seek protection for the
corporate borrower under the insolvency law regime?
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This does not seem to be the case.
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(d) Does the presence of the possible application of any of
these sanctions create a problem if a corporate debtor which is
in financial difficulty or insolvent seeks to negotiate an informal
work out with creditors?
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This does not seem to be the case.
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