TERMS OF REFERENCE
for STCs
In charge of the drafting the legislation on bankruptcy, drafting sub-legal acts and capacity building
Position: Short Term Consultant
Project: Western Balkans Debt Resolution and Business Exit Project
Location: Kosovo
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A. Project Background and Objectives
IFC’s Debt Resolution and Business Exit Project (“the Project”) aims to mitigate the sustained negative effects of the global financial crisis in the region by improving the insolvency systems in the Western Balkans (Albania, BiH, Kosovo, Macedonia and Serbia) over a 3-year period of implementation. The expected result of the full-scale implementation of the Project is to make countries' debt resolution systems more efficient by improving the insolvency framework and practices, which will lead to a strengthened avenue for NPL resolution and increase returns to creditors and protect economically viable companies.
The project works on the following objectives:
In Kosovo, the team has performed a detailed assessment of the legal and institutional framework of insolvency in Kosovo, back in 2018, that included an in-depth review of the various laws and regulations governing insolvency practice. The assessment was conducted with the objective to develop an Action Plan for the Project in cooperation with the Government of Kosovo to engage in a holistic insolvency reform implementation in Kosovo. The results of the assessment revealed that a comprehensive reform of the legal framework is needed in order to improve access to finance by Kosovo businesses and consumers.
The effectiveness of commercial insolvency and debt recovery regimes impacts the investment climate and economic growth. Effective legal and regulatory frameworks reduce credit risk, as well as incentivize creditors to lend more and at lower interest rates. The enactment of the Law on Bankruptcy in 2016 extended the scope of application of insolvency proceedings and moved Kosovo from a country with no legal framework for insolvency proceedings to a country with well-defined liquidation proceedings to responsibly end a business or reorganization proceedings to restore a business. However, the nascent Law did not find the business ecosystem prepared to use the law as a tool for saving company assets, creditors and the economy at-large.
Despite some improvements in the insolvency regime due to the new Law on Bankruptcy, key shortcomings of this law have maintained the low level of trust and reliance of businesses in the insolvency system.
The Project team has drafted the new Law on Bankruptcy that is in the process of the approval. The work should continue in drafting the sub-legal acts for the new Law and trainings and awareness raising for all the stakeholders in the process.
B. SCOPE OF WORK
The purpose of this assignment is to provide operational support and technical advice with regards to the work on the legislation update of the bankruptcy procedure.
In general, at the request of the TTL, the Consultant shall work on the drafting the laws and regulations with regards to the bankruptcy participate in roundtable discussion with the relevant parties and after the approval of the new Law, as follows:
Performance of above-mentioned tasks will be divided into two stages:
C. LEVEL OF EFFORT/DELIVERABLES
The completion of the tasks included in this ToR will require up to 25 days of the STC’s time through the end of March 2024.
The main deliverables of the Consultant would include the following:
The finalization of the new Law on Bankruptcy - by 28 February 2024
The Consultants will be reporting to the Western Balkans Debt Resolution and Business Exit Regional Lead and regularly communicating with the Project Coordinator in charge of implantation in Kosovo. All documents should be drafted both in English and Albanian languages and delivered in electronic form as well as one printed copy each. Team Task Managers for this project will be Mr. Igor Matijevic (imatijevic@ifc.org) and Syzana Dautaj (sdautaj@ifc.org ). All deliverables shall be submitted to TTL in electronic form.
D. QUALIFICATIONS REQUIRED
E. APPLICATION PROCESS
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