Implementing an Insolvency Framework for Micro and Small Firms

International Insolvency Review (Forthcoming, 2021)

Singapore Management University School of Law Research Paper No. 21/2020

24 Pages Posted: 29 Oct 2020 Last revised: 19 Feb 2021

See all articles by Aurelio Gurrea-Martínez

Aurelio Gurrea-Martínez

Singapore Management University - School of Law

Date Written: October 20, 2020

Abstract

Micro, small and medium-sized enterprises (MSMEs) represent the vast majority of businesses in most countries around the world. Despite the economic relevance of small businesses, most insolvency jurisdictions do not provide adequate responses to MSMEs in insolvency. This article analyses the primary features and problems of MSMEs in insolvency as well as the weaknesses of the ordinary insolvency framework to deal with MSMEs. It also provides a general overview of the insolvency reforms for MSMEs implemented in various countries around the world, including Australia, Colombia, Myanmar, Singapore and the United States, as well as the policy recommendations suggested by the World Bank and UNCITRAL. The article concludes by proposing an insolvency framework to efficiently deal with MSMEs in insolvency.

Keywords: MSME, firms, insolvency, micro, restructuring, liquidation, auctions, stigma, entrepreneurship, discharge, access to finance

Suggested Citation

Gurrea-Martínez, Aurelio, Implementing an Insolvency Framework for Micro and Small Firms (October 20, 2020). International Insolvency Review (Forthcoming, 2021), Singapore Management University School of Law Research Paper No. 21/2020, Available at SSRN: https://ssrn.com/abstract=3715654 or http://dx.doi.org/10.2139/ssrn.3715654

Aurelio Gurrea-Martínez (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore
(+65) 6808-5160 (Phone)

HOME PAGE: http://https://law.smu.edu.sg/faculty

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