Preventive Composition under Oman Bankruptcy Law

Preventive Composition under Oman Bankruptcy Law

Preventive Composition under Oman Bankruptcy Law

When debts pile up and cash runs short, many traders assume the only option is to wait for creditors to file for bankruptcy. Omani law offers a better route in many cases: preventive composition. This article explains what it is, its conditions and procedure, its effects, and how it differs from restructuring and bankruptcy.

What is preventive composition?

It is a court-supervised settlement between a trader debtor and its creditors, requested by the trader, to avoid a declaration of bankruptcy. The debtor and creditors agree on how the debts will be paid, by instalments, a reduction or both, so the business can continue.

The Bankruptcy Law 53/2019

Preventive composition is governed by the Bankruptcy Law issued by Royal Decree 53/2019, in force since 7 July 2020, which provides three routes: restructuring, preventive composition and bankruptcy. Insolvency disputes now fall to the Court of Investment and Commerce.

Conditions

  • The applicant must be a trader, an individual or a company.
  • Its financial affairs must be disturbed in a way likely to lead to a cessation of payments; it is a preventive tool.
  • The debtor files the application with the required documents: assets, debts, creditors, financial statements and the proposal.

Procedure

  1. Prepare the file and the settlement proposal.
  2. File with the competent court, which decides whether to open proceedings.
  3. The debtor usually continues running the business under supervision and may not act against creditors' interests.
  4. Creditors lodge their claims.
  5. Approval requires a majority of admitted creditors holding two-thirds of the value of those debts.
  6. The court ratifies the composition, which then binds the creditors concerned.
  7. If the debtor fails to perform, the composition may be rescinded and bankruptcy may follow.

Composition, restructuring and bankruptcy compared

Restructuring is a broader plan to reorganise the business so it survives; composition is mainly an agreement with creditors on the debts themselves; bankruptcy applies once the trader has stopped paying and cannot be rescued, and usually ends in liquidation.

Frequently asked questions

What creditor majority is needed?

A majority of creditors whose claims were admitted finally or provisionally, holding two-thirds of the value of those claims.

When should I apply?

At the first signs of distress, before payments stop. Acting early makes your proposal stronger.

If your company is in financial difficulty, or you are owed money by a struggling trader, see our bankruptcy and restructuring lawyer service or contact Dr. Abdullah Al Rashdi Office in confidence on WhatsApp or +968 92000841.