LFMI examination on the Draft Law on Amending the Law on Enterprise Restructuring

In response to debates over the regulation of lending LFMI submitted its observations and suggestions regarding the provisions of the Draft Law. LFMI seeks to ensure that the creditors as well as the owners and directors of the companies could participate in decision-making of restructuring process. In the opinion of LFMI, the major concern in the Draft Law is the issue of creditors‘ separation from decisions involving enterprise restructuring. LFMI proposes that the right on the restructuring proceedings and the right to initiate the process of restructuring should be left with creditors. It is also proposed that the criteria that enterprises under restructuring must comply with should be softened and the mandatory verification of corporate restructuring administrators‘ qualifications waived.