It is well established that effective and efficient insolvency laws and institutions are critical for economic growth.
The World Bank Ease of Doing Business 2017 Report notes that “keeping viable businesses operating is among the most important goals of bankruptcy systems. A good insolvency regime should inhibit premature liquidation of sustainable businesses.”
This is because they promote the restructuring of viable but temporarily distressed businesses; efficient closure and transfer of the assets of businesses which are no longer viable; and proper winding up of businesses where the members for other reasons decide to cease operations.
- In Ghana, many companies face serious financial problems and most financial institutions carry huge non-performing loan portfolios. The Bank of Ghana Summary of Macroeconomic and Financial Data as at 22 January 2018 revealed that Non-Performing Loans for the Banking Sector stood at 22.7% as at December 2017.
- According to Bank of Ghana Banking Sector Report January 2018 the Private Sector NPLs accounted for 94.3 percent of NPLs (2016: 88.7 percent)
In such an environment, it is imperative that effective insolvency laws and institutions are established. These laws and institutions at the minimum must achieve the following objectives: - Encouragement of the restructuring of viable but financially troubled companies;
- Maximization of the value of a debtor’s assets by providing an option to reorganize;
- Prevention of the premature dismemberment of a debtor’s assets by individual creditors seeking quick recoveries;
- Integration of the restructuring and insolvency system with the broader legal and business environment; and
- Building capacity and improving the administration of insolvency proceedings.
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It is within this context that GARIA was established to play a leadership role in the practice of corporate restructuring, business recovery and insolvency in Ghana.
We are the leading restructuring and insolvency association in Ghana. GARIA is backed by a highly industry experienced governing council and competent administrative staff.