In collaboration with the Law Society of Kenya, through the Young Lawyers Committee, the School has organised this course to meet the needs of the young legal professional, to equip the young lawyer with practitioners’ knowhow on legal procedures for handling corporate insolvency and business restructuring in Kenya.

Restructuring may arise when a company significantly wishes to modify the financial and operational aspects of the company, especially when the business is facing financial challenges. It involves significantly modifying the debt, operations, or structure of a company as a way of limiting financial harm and improving the business. Often restructuring is undertaken in the wake of possible insolvency, or sometimes a company may restructure when preparing for a sale, buyout, merger, change in overall goals, or transfer of ownership. These processes are two issues that may concern a lawyer who may be called upon to provide guidance to a client.

This course helps the young lawyer to understand the insolvency and business restructuring ecosystem under the legal framework in Kenya including the Companies Act 2015 and the Insolvency Act of 2015, and depending on the type of the business entity, it may extend the application of the Competition Act 2012, the Capital Markets Act Cap 485A and other sector specialized laws that provide various constraints or options.

The aim of the course is to provide an overview of business restructuring and insolvency processes, options and procedures in Kenya.

TRAINING FOCUS

By the end of the course, the participant will be able to:

a)   Advise their clients on various issues arising under the Kenyan insolvency and restructuring legal regime including debt restructuring options and opportunities;

b)   Advise their clients on the protection of creditors, suppliers and employees in the event of restructuring process;

c)   Identify regulatory oversight in corporate restructuring and insolvency processes, by the courts and regulatory agencies, including BRS, CMA, Competition Authority, CBK, SASRA.

d)   Identify key legal obligations on the part of key players in the process of restructuring or insolvency;

e)   Apply relevant due diligence in corporate insolvency and restructuring.

The course will be delivered by a faculty of persons who have hands-on experience in insolvency and business restructuring practice with over 15 years’ experience, working with financial institutions, corporations and PE funds in business restructuring. The detailed programme will be sent in due course but the training time is between 9.00am and 4.00pm daily with health/lunch breaks in-between.

CPD Points: 3