A critical analysis of the duties and liabilities of a receiver under the insolvency act, 2011 of Uganda

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Date
2014-07
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Publisher
Kampala International University,School of Law
Abstract
Insolvency Act, 201 I. The main aim of the study was to investigate the roles and liabilities of a receiver. The research findings were analyzed basing on the specific objectives which were: To examine the mode of appointment of receivers and the formalities to be followed there in, to examine how different statutes support the position of a receiver, to examine the duties and roles of receivers and what benefits do receivers have in a company which is in financial difficulties. The study established that, the role of the receiver had a positive impact on an insolvent company. It's therefore vital for all companies which are faced with financial difficulties to appoint a receiver who will help the company to regain its profitability instead of being wound up. The researcher concluded that in as much as the Insolvency Act 1 under section 177 provides for liability for the invalid appointment of a receiver so as to curb the issue of wrongful appointment of receivers in as far as the research is concerned. Section 1862 no wonder gives circumstances under which the liability of the receiver arises and also the limits attached to the liability are shown, in my view, there is need for reform especially in as far as the liability of the receiver is concerned because the section is not as clear as it ought to be but rather should not be discredited.
Description
A dissertation submitted to the School of Law in partial fulfillment of the requirements for the award of a Bachelors Degree in Law at Kampala International University
Keywords
duties and liabilities, receiver, insolvency, Uganda
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