Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Accountants want secured creditors to prove outstanding debts
News
BY ALECIA SMITH Senior staff reporter smitha@jamaicaobserver.com  
April 8, 2024

Accountants want secured creditors to prove outstanding debts

THE Institute of Chartered Accountants of Jamaica (ICAJ) is insisting that, under the insolvency law, secured creditors ought to be required to prove outstanding debts.

ICAJ fellow Caydion Campbell said this recommendation is being made against the background of the discovery, through court cases, that some entities claiming to be secured creditors have proven not to be.

A secured creditor is an entity that has a legal right to claim specific assets of a company if the company fails to repay its debts.

“A recommendation has been made that secured creditors should not be required to prove their debts. But given decisions in our court, not not just international decisions, but even in our local courts where secured creditors have been held to have not perfected their security and are thus unsecured, they should be required to prove their security. It should not be automatic that because they assert that they are secured that they are deemed secured, but they should be required to prove it to the trustee,” Campbell said at Thursday’s meeting of the joint select committee of Parliament currently reviewing proposed amendments to the Insolvency Act.

Under the insolvency law, a trustee is licensed and appointed by the supervisor of insolvency to administer the property or assets of a debtor for the benefit of creditors. In order to access the insolvency regime, the debtor must do so via a trustee.

Before the committee accepted ICAJ’s recommendation, its chairman, Government legislator Senator Aubyn Hill, commented that “as a banker, I don’t see how you can say you have a debt and you don’t want to prove it. So that just doesn’t make sense to me.”

The committee also accepted the institute’s suggestion that a debtor be given 14 days to appeal following the refusal of a proposal and not seven days as was originally being proposed. Under the regime, a debtor may make a proposal or arrangement with creditors which they will either accept or reject.

“The recommendation from the ICAJ is that that should also be 14 days in keeping with the same 14 days that the creditors may appeal the approved proposal. So to make both the debtor and the creditor have a 14-day appeal period,” Hill said.

Pointing out that there is presently no such provision in the Act and that this would be a new clause, Acting Supervisor of Insolvency Fayola Evans Roberts said she supported the recommendation.

Additionally, the committee was in agreement with the ICAJ that the objects of the Act should not be amended by the suggestion to delete the provision for the preservation of viable companies.

“We do not believe that this should be done. It in effect would be penalising entrepreneurs who decide to organise their affairs via business, which is what we are encouraging. So it should be an explicit objective as it is in the Act that the preservation of viable accompanies is part of the duty and the role that a trustee would seek to perform as far as practical,” he said.

Evans Roberts said that this is actually the priority for the Act, noting that “the preservation of viable companies deal with the proposal aspect, the rehabilitation aspect of the Act, so yes, it should be there. It should be kept, it should be maintained.”

Opposition member Anthony Hylton said he strongly supported the view that the objective of preserving viable businesses remains central to the operation of the Act.

“It was one of the key objects of the legislation and I cannot imagine that anyone would think otherwise. So I strongly support its retention,” he said.

The Insolvency Act is intended to aid in the rehabilitation of debtors and the preservation of viable companies, having due regard to the protection of the rights of creditors and other stakeholders.

Enacted in 2015, it provides for the regulation of insolvency for both individuals and businesses. The legislation also ensures the fair allocation of the costs of insolvency with the overriding interests of strengthening and protecting the country’s economic and financial system and the availability of flow of credit within the economy.

The Act is administered by the Office of the Supervisor of Insolvency (OSI), a department of the Ministry of Industry, Investment, and Commerce.

The OSI regulates the licensing of insolvency practitioners, inspects or investigates the administration of estates by the trustees, records complaints regarding the administration, and intervenes in court proceedings when it is expedient to do so.

{"xml":"xml"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Cindy Rose wins 800m at US college meet
Latest News, Sports
Cindy Rose wins 800m at US college meet
December 14, 2025
Former Holmwood Technical star Cindy Rose won the women’s 800m at the Iowa State University Holiday Invitational on Friday for her first win as a US c...
{"jamaica-observer":"Jamaica Observer"}
Keith and Tex still flying flag for rocksteady
Entertainment, Latest News
Keith and Tex still flying flag for rocksteady
December 14, 2025
With 2026 marking the 60th year since the birth of rocksteady, not many of that genre’s stars are still around. Keith and Tex, who had several hit son...
{"jamaica-observer":"Jamaica Observer"}
US court convicts former USVI director in landmark bribery scandal
Latest News, Regional
US court convicts former USVI director in landmark bribery scandal
December 14, 2025
CHARLOTTE AMALIE, US Virgin Islands (CMC) – A United States (US) federal jury has convicted the former Director of the US Virgin Islands Office of Man...
{"jamaica-observer":"Jamaica Observer"}
Hero who disarmed Bondi beach shooter identified as fruit vendor
International News, Latest News
Hero who disarmed Bondi beach shooter identified as fruit vendor
December 14, 2025
SYDNEY, Australia (AFP) — Australians are hailing a "hero" whose daring struggle with a gunman Sunday led to the disarming of an attacker during the c...
{"jamaica-observer":"Jamaica Observer"}
Death toll rises to 16 in Sydney beach shooting — police
International News, Latest News
Death toll rises to 16 in Sydney beach shooting — police
December 14, 2025
SYDNEY, Australia (AFP) — Sixteen people were killed and at least 40 others injured in a shooting at a Jewish festival celebration at Australia's Bond...
{"jamaica-observer":"Jamaica Observer"}
Aventa Jamaica leads Medical Mission in Belmont, Westmoreland
Latest News, News
Aventa Jamaica leads Medical Mission in Belmont, Westmoreland
December 14, 2025
 WESTMORELAND, Jamaica — In the wake of the devastation caused by Hurricane Melissa, Aventa Jamaica Limited led a medical outreach on Saturday, Decemb...
{"jamaica-observer":"Jamaica Observer"}
Jamaican fishermen jailed in Cayman for drug smuggling
Latest News, Regional
Jamaican fishermen jailed in Cayman for drug smuggling
December 14, 2025
GEORGE TOWN, Cayman Islands (CMC) —Two Jamaican fishermen caught with more than 167lbs of marijuana on a boat south of the Cayman Islands earlier this...
{"jamaica-observer":"Jamaica Observer"}
Richard King nets Euro trophy after stunning St Mirren Premier Sports Cup win
Latest News, Sports
Richard King nets Euro trophy after stunning St Mirren Premier Sports Cup win
December 14, 2025
Reggae Boyz defender Richard King won his first major trophy in European football after St Mirren beat Scottish giants Celtic 3-1 in the Premier Sport...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct