Problematic of liquidation and dissolution of companies under rwandan law: case study of Rwandatel

II.1.2. Rwanda Utilities and Regulatory Authority

Rwanda Utilities and Regulatory Authorityis a multi-sector regulator with the mandate to regulate certain public utilities including ICTs, Energy, Water, Sanitation and Transport. It is the one which is charge of regulating all telecommunication activities and it is the one which gives license to the people who want to invest in those activities. It was previously created by the law N. 39/2001 0f 13/09/2001 establishing the Rwanda Utilities Regulatory Agency of certain Public utilities whereby in its article 1 provides the mission and mandate of the law^82(*) which is :

· Ensuring that certain utilities provide goods and services throughout the country;

· to meet in transparency all reasonable demands and needs of all natural persons and organizations;

· Ensuring that all utility suppliers have adequate means to finance their activities;

· Promoting the interest of users and potential users of the goods and services provided by utilities so that there is effective competition.

· Facilitating and encouraging private sector participation in investments in public utilities;

· Ensuring compliance by public utilities with the laws governing their activities.^83(*)

RURA used the mandate given by the above said law when it saw that Rwandatel Ltd was about to go insolvent and that it was not meeting its liabilities anymore, it made an audit and its legal department prepared report to present to the board of directors so that they take the immediate decision which goes in interest for the Rwandan society and any other stakeholder.

This law has been replaced by the law N.9/2013 of 1/03/2013 establishing Rwanda Utilities and Regulatory Authority and determining its mission, powers, organization and functioning. This law also provides in its article 1 the mission of RURA which is to

The Law N. 9/2013 of 1/o3/2013 establishing RURA and determining its mission, powers, organization and functioning provides in its article 1 the mission of RURA which is to regulate public utilities and its article 2 which enumerates the public utilities that are regulated by RURA and the telecommunication sector is included.^84(*)

II.1.3 Rwanda Development Board

The Rwanda Development Board has been established by the Organic Law N. 53/2008 of 2/09/2008 and it was established in order to ensure all things related to investment in Rwanda. That Law has been abrogated and replaced by the Law N. 46/2013 of 16/06/2013 establishing Rwanda Development Board and determining its mission organization and functioning and in article 4, it provides that its mission is tofast track development activities and facilitate the Government and private sector to undertake an active role.^85(*)

As my topic is concerned, registration of companies and things concerning to their dissolution and liquidation is regulated by the Office of the Registrar General which was established in 2008 to continue the functions of the Rwanda Commercial Registration Agency. ORG is housed in the RDB as a division under the Investment Promotion and Implementation department.^86(*)

The Office of Registrar General has the following responsibilities have different and here below is the list:

· Implement and develop the laws relating to companies, secured transactions, commercial recovery and settling of issues arising from insolvency

· Monitor and supervise activities relating to commercial recovery and  settling of issues arising from insolvency,

· Maintaining registers, data and all records of the Office of the Registrar General,

· Publicizing all  information relating to business registration;

· Examining, on a regular basis the laws that need to be implemented by the Office of the Registrar General to determine areas for review and development;

· Designing training, information and sensitization programs for economic operators on regulations that govern them as provided for by the commercial laws;

· Daily management of Intellectual Property rights.

The research is about its role in the implementation and development of laws relating to companies, secured transactions, commercial recovery and settling of issues arising from insolvency. In Rwanda, after the audit, when the supervisory body in charge of a certain company finds that there is a company which is insolvent and that its insolvency may cause so many problems to the customers and other stakeholders, it presents a report to the ORG requesting the registrar general to bring an action to court instituting the insolvency proceedings.^87(*)

In the case of Rwandatel, it is the Registrar general which brought the case requesting for the beginning of proceedings of Rwandatel insolvency to the commercial court

* ⁸² Law N. 39/2001 of 13/09/2001 establishing the Rwanda Utilities and Regulatory Agency, Art.1.

* ⁸³ Law N. 39/2001 of 13/09/2001 establishing Rwanda Utilities Regulatory Agency, art 1, OG N.20 of 15/10/2001.

* ⁸⁴ Law N. 9/2013 of 1/03/2013 establishing RURA and determining its mission, powers, organization and functioning. Art.1, OG N. 14 bis of 08/04/2013.

* ⁸⁵ Law N. 46/2013 of 16/06/2013 establishing RDB and determining its mission, organization and functioning. Art4, OG N. special of 16/06/2013.

* ⁸⁶ RDB, «Office of the Registrar General», www.rdb.rw/departments/investigation/responsibilities-of -the-registrar/ last accessed May 31,2014.

* ⁸⁷ Law N^O12/2009 OF 29/05/2009 relating to commercial recovery and settling of issues arising from insolvency, art.5, OG N. special of 26/05/2009.