
Download Article (0.59 MB)
5 Downloads
Abstract
The modem insolvency laws are increasingly incorporating rescue procedures, which provide for rescue of insolvent or financially distressed companies. In its modern sense, insolvency laws are not merely confined to liquidation but also address the possibilities of having an insolvent or financially distressed company rescued. This trend is attributable to the fact that in the modem times. The functioning company embraces more interests economically than the financial interests of creditors and owners. The paper explores the Tanzania's legislative trends as regards to the nature and structure of corporate rescue provisions in light of the modern trends worldwide. It also looks at the need and relevance of rescue provisions in Tanzania. The paper observes that unlike the Companies Ordinance, a colonial peace of legislation inherited by the independence government, the new Companies Act, 2000 envisages a positive direction towards the modem corporate rescue approaches. It is however too early to comment precisely on the practicability of the Act as it is even yet to be brought into force. The paper argues that, following the liberalization drive and the judicial trends pointing to the acceptance of the rescue culture, institutionalization of the rescue regime in Tanzania's insolvency legal framework is much awaited and needed
Citation
Shabaan , B. (2005), "Rescuing a Business in Financial Difficulties: Modern Trends and Tanzania’s Legal Perspective", The African Journal of Finance and Management, Volume 14 Issue 1
Contacts
P.O Box 3918, 5 Shaaban Robert Street
11101 Dar es salaam
+255 22 2112931-4
Fax : +255 22 2112935
rector@ifm.ac.tz
Related Links
© 2025 The Institute of Finance Management. All rights reserved.