Analysis of the law and practice of receivership in Uganda
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Date
2018-07
Authors
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Publisher
Kampala International University, School of Law
Abstract
The study was set to analyze of the law and practice of receivership in Uganda, it was guided by the following objectives which included; examine the adequacy of law on receivership in relation to duties of receivers and power of sale, to examine the liabilities of receiver and how such can be avoided, to examine the problems/challenges released to receivership in Uganda and to examine remedies available to the parties in receivership process. The research design used both doctrinal and non-doctrinal research design. Doctrinal research is concerned with legal prepositions and doctrines. The sources of data were legal and appellate court decisions. The study used a selection of literature from different legislations, like the companies Act, Insolvency Act, the Mortgage Act and their respective regulations were consulted. In study it was found out that the public are not aware of law and practice of receivership more so even some of creditors' of business. The study recommended that Recapitalization is a type of corporate reorganization involving substantial change in a company's capital structure. Recapitalization may be motivated by a number of reasons. Usually, the large part of equity is replaced with debt or vice versa was recommended that there was need to increase public awareness on receivership so that public can increase the knowledge they have on receivership in that it was one of options of insolvency and how to deal with company that was under receivership, It was recommended that where there was family interests in business under receivership should be safe guarded or creditors interests should not override them, So do not consider any such arrangement without taking legal advice.
Description
A Dissertation Submitted in Partial Fulfillment of the Award of a Degree of Bachelors of Laws of Kampala International University
Keywords
Law and practice, Receivership, Uganda