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EXECUTORY CONTRACTS IN INSOLVENCY LAW

A Global Guide

JASON CHUAH, EUGENIO VACCARI

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
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Chapter 26: NATIONAL REPORT FOR BANGLADESH

Morshed Mannan, Muhammad Mahbubur Rahman and Borhan Uddin Khan

Extract

This chapter considers the treatment of executory contracts upon the default of a debtor company under the law of Bangladesh and the main factors behind the most recent reforms in the area. With this chapter, the authors tentatively appraise Bangladesh’s corporate insolvency regime and its treatment of executory contracts during insolvency proceedings, and thereby open a broader discussion on this central topic. Section B considers the various insolvency procedures available to a domestic company in financial distress, and the implications that entering into any such procedures have on executory contracts. This is followed by considering certain types of contract and contractual provisions that are treated differently during insolvency proceedings. Section D, a brief overview of recent and ongoing legislative reforms, provides further material for the concluding recommendations of this chapter.

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