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Challenging Times Ahead?  What Lenders and Other Creditors Need to Know About Myanmar’s New Insolvency System

Challenging Times Ahead? What Lenders and Other Creditors Need to Know About Myanmar’s New Insolvency System

July 30, 2020

The Corona Pandemic hits Myanmar nearly at the same time as the new Insolvency Law 2020 (“the IL” was enacted on 14 February 2020). We all hope that the damage to the Myanmar economy will be as limited as possible, but it does not hurt to prepare for tough times ahead.

Highlights of this note

  • What is really new in terms of the laws on the subject of insolvency?
  • How does a company rescue work? Is it good for the creditors or good for the debtor?
  • Can an unsecured lender, bank or other creditor get its money back first despite all these procedures?
  • How about secured lenders, banks or other creditors?
  • Can the creditors choose their own Rehabilitation Manager, Plan Supervisor or Liquidator?
  • Are secured creditors always paid back first?
  • Can creditors force a company to go into rescue proceedings?
  • More protection from court proceedings
  • Tight deadlines

AUTHOR

Edwin is the senior partner of VDB Loi and a leading foreign legal advisor living in Myanmar since 2012. A frequent advisor to the Government on transactions and privatizations in energy, transportation and telecom, he is widely recognized for his “vast knowledge” (Legal 500) and his ability “to get difficult things through the bureaucracy ” (Chambers, 2016). He advises international financial institutions on their largest Myanmar transactions, oil and gas supermajors, a greenfield multi- billion US$ telecom project and the Japanese Government on the Thilawa SEZ. He assisted two newly licensed foreign banks setup in Myanmar, acted for the sponsor of an 800MUS$ urban infrastructure PPP project and worked on 6 out of 7 power deals inked in 2016.
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