A Critical Appraisal of the Objectives of Administration Mechanism for Business Rescue Under Section 443 of the Companies and Allied Matters Act (CAMA) 2020
Keywords:
Administration, Business-Rescue, Companies, Insolvency, CAMA-2020Abstract
The nature of corporate organization is such that requires that it may need finances from sources that demand repayments on certain agreed terms; if it fails to repay as at when agreed, it tends to be said to be insolvent. Instead of allowing liquidation of such company because it is unable to repay its debt, administration can be used revive and if possible bring-back the company to its feet. Administration ensures the rescue of insolvent corporate organizations. This paper anchors on the objectives of administration as business rescue mechanism under the Companies and Allied Matters Act 2020. According to this study, the 2020 Companies and Allied Matters Act's introduction of administration has greatly raised the likelihood that rescue mechanisms will be used to bring failing businesses back to life. Suggestions include improving the environment for corporate or company rescues in the nation through appropriate implementation and educating stakeholders on the value of administration as stipulated in the Companies and Allied Matters Act 2020.
References
A. Belcher, Corporate Rescue. London: Sweet and Maxwell, 1997.
B. Xie, “Corporate Rescue – The New Orientation of Insolvency Law,” in Comparative Insolvency Law: The Pre-Pack Approach in Corporate Rescue, Edward Elgar Publishing, 2022, p. 18.
Building Trust: The Impact of Transparency in Business. MCDA CCG INC, 2024.
D. Brown, “Corporate Rescue: Insolvency Law in Practice,” in Wiley Series in Commercial Law, J. Wiley, Ed., New York, 1996, p. 10.
E. Akintunde, Nigerian Company Law. Emiola Publishers, 2007.
F. O. Dada, R. O. Ojo-Solomon, and D. T. Eyongndi, “Comparative Appraisal of Nigeria’s Companies and Allied Matters Act 2020 with Some Selected Jurisdictions,” IUS Law J., vol. II, no. I, pp. 51–68, 2023.
G. C. Okara, “Examining Corporate Governance in Nigeria under the Companies and Allied Matters Act 2020 and the Nigerian Code of Corporate Governance 2018: The Way Forward,” 2021.
G. McCormack, Corporate Rescue Law: An Anglo-American Perspective. Cheltenham: Edward Elgar, 2008.
Highlights of the Provisions Relating to Financial Statements Audit and Annual Returns in the New Companies and Allied Matters Act 2020.
I. Soliyev and B. Ganiev, “Key Factor Influencing Economic Development,” Eur. J. Res. Dev. Sustain., vol. 2, no. 3, pp. 1–26, 2021.
I. Wilson and I. Ibiyemi, “Business Rescue and Continuity in Nigeria: Keeping the Lights On.”
J. S. Tolulope and C. R. Elendu, “Company Voluntary Arrangements (CVA) & Administration of Companies: An Appraisal of the Innovative Corporate Insolvency Procedures under the Companies and Allied Matters Act 2020,” Niger. Bar J., vol. 13, no. 1, p. 143, 2023.
N. C. Uzoka, “An Overview of the Companies and Allied Matters Act 2020,” Nnamdi Azikiew Univ. J. Commer. Prop. Law, vol. 7, no. 2, pp. 72–81, 2020.
O. Ayodele and A. Ojekunle, “An Analysis of the Provisions of Companies and Allied Matters Act (CAMA) 2020,” Niger. Inst. Adv. Leg. Stud. J. Bus. Law, vol. 4, no. 3, pp. 37–59, 2021.
O. Omotoye and K. Aina, “Administration or Receivership? Making the Right Choice towards Corporate Rescue.”
S. Andersen, “Unveiling the Hidden Advantages of Transparency in Your Small Business,” 2024.
S. Duru et al., “Companies and Allied Matters Act 2020: Reforming Provisions that Impact the Nigerian Business Community.” 2020. [Online]. Available: https://banwo-ighodalo.com/resources/companies-and-allied-matters-act-2020-reforming-provisions-that-impact-the-nigerian-business-community.
S. Duru, T. Bashir, and T. Oyebanjo, “Nigeria: Companies and Allied Matters Act 2020: Reforming Provisions that Impact the Nigerian Business Community.”
V. Finch, Corporate Insolvency Law: Perspectives and Principles, 2nd ed. Cambridge: Cambridge University Press, 2009.
“Companies and Allied Matters Act 2004.” 2004.
“Companies and Allied Matters Act 2020.” 2020.