إعادة الهيكلة و دورها في تجنب شهر الإفلاس وفقا لقانون تنظيم إعادة الهيكلة و الصلح الواقي و الإفلاس رقم 11 لسنة 2018

Abstract EN

Legislative positions in most Arab countries have varied from the development that takes place in bankruptcy legislation, so some countries took advantage of jurisprudential discussions, as well as legislative developments in the field of bankruptcy, by issuing a special law on bankruptcy dealing with the issue of corporate financial restructuring and liquidation, and the Egyptian legislator adopted this Development through the law of restructuring, preventive reconciliation and bankruptcy No.

11 of 2018, by restructuring the official companies, legislators and merchants, in line with the global systems that developed the traditional bankruptcy law seeking to maintain the interests of creditors and protect their rights in the case of the merchant’s (or company’s) inability to pay.

In order to reduce and mitigate the effects of the bankruptcy judgment, the Egyptian legislator has sought in the new bankruptcy law to grant the bankruptcy judge the authority to delegate a restructuring committee to consider the feasibility of operating the bankrupt project, in a way that would benefit the national economy and bankruptcy parties in accordance with the international approach.

In order to discuss the issue of restructuring, we will clarify the concept of restructuring and its purpose, then provide the conditions that must be met in the request for restructuring and who is entitled to submit this request, in addition to the procedures for submitting a request for restructuring, and then the implications of submitting a request for restructuring will be discussed further.