Section 369: Insolvency Service

369. Insolvency Service (1) There shall be, within the office of the Registrar of Companies, a division to be called the Insolvency Service. (2) The Registrar of Companies shall assign to the Insolvency Service such staff within his office as he considers to be necessary for the performance of its functions. (3) The functions of the Insolvency Service shall be to— (a) keep under review the law and practice relating to the insolvency of individuals, companies and other corporate bodies in Mauritius and make recommendations to the Registrar of Companies on any changes considered to be necessary; (b) have an overview of the administration of insolvency in Mauritius and in particular the administration of insolvency under this Act; (c) receive reports from the Official Receiver on the administration of insolvencies and monitor the performance of the Official Receiver and report to the Registrar of Companies on any resourcing or other needs in relation to the effective performance of the Official Receiver’s functions; (d) monitor the performance of prescribed companies and related companies of prescribed companies and report to the Companies Supervisory Committee on the performance and financial stability of such companies and to take such action as is required in that respect; (e) monitor the performance of Insolvency Practitioners and, where required, make application to the Court for the discipline or removal of an Insolvency Practitioner; (f) in association with and after conferring with all relevant professional bodies, set rules and provide guidance governing the performance and conduct of Insolvency Practitioners; (g) in association with all relevant professional bodies, foster the development of training and in-service seminars to enhance the skills and encourage improved standards of performance on the part of Insolvency Practitioners; (h) carry out research, commission studies, disseminate information and provide public education in the area of consumer credit, budgeting advice and insolvency administration; (i) establish and maintain communication and liaison with international agencies, including the International Commission on Trade Law, in the area of international insolvencies and insolvency administration as may be necessary for the furtherance by the Insolvency Service of its functions; and I14 – 199 [Issue 5] Insolvency Act (j) advise the Minister through the Registrar of Companies generally on any matter relating to the law and practice of insolvency and insolvency administration.