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Rwanda Case Law

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Insolvency law R COM A 0296/13/HCC

RWANDA DEVELOPMENT BOARD (RDB) v. GENERAL TECHNICAL CONSTRUCTION LIMITED (GTC Ltd)

Only creditors, debtors, members of the Board of Directors or Registrar General are entitled to initiate insolvency proceedings; the Chief Executive Officer of RDB is not included in this list, and the specific law prevails over the general law regarding representation.

  • Standing to initiate insolvency proceedings
  • Representation in court
  • Statutory interpretation
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Commercial law R COM A 0296/13/HCC

RWANDA DEVELOPMENT BOARD (RDB), v. GENERAL TECHNICAL CONSTRUCTION LIMITED (GTC Ltd)

The Director General of RDB does not have standing to initiate insolvency proceedings for a company; only those listed in Article 16 of Law n°12/2009, including the Register General, may do so. The specific provision in the insolvency law overrides the general powers granted to the Director General under the RDB establishing law.

  • Standing to initiate insolvency proceedings
  • Powers of corporate officers
  • Interpretation of insolvency statutes
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.