SECTION R - INTER-RELATIONSHIP BETWEEN LENDERS AND BORROWERS IN CONTEXT OF FINANCIAL DIFFICULTY/INSOLVENCY OF THE BORROWER

Annexed to this working guide is a copy of a recent initiative launched in Indonesia to encourage private sector restructuring. In effect, this initiative proposes an informal (out of court) "work out" style of corporate restructuring in appropriate cases. We do not put this forward as a perfect model but it provides a good basis for examining the prospect of the possible application of a similar scheme or model in the countries which are the subject of this project.

Thus, in this section we ask that you read the annexure [particularly the part headed "1. Adoption of Principles", paragraphs "a" to "i"] and, having considered those principles, comment on their possible application and implementation in your economy. In particular we would like to know the following:

 

(a) by reference to each of the above paragraphs, comment on the suitability of their application in your economy;

 

(b) state the difficulties that might be encountered in their application in your economy;

 

(c) briefly state whether (and what) changes or additions might be required to the law in your economy for the application of the "work out" methodology and whether such changes or additions are a practical possibility.

Finally, in this section, we would like to know you opinion generally on this initiative, the areas that you regard as strengths; areas that are weak; and areas where you consider modification and improvement might be made.

 

The implementation of the Jakarta initiative requires enactment of new legislation.