Problematic of liquidation and dissolution of companies under rwandan law: case study of Rwandatel
par Ernestine Numukobwa
Université du Rwanda - Bachelor of Law 2014
I, NUMUKOBWA Ernestine hereby declare that this research was compiled out of my effort as a partial fulfillment of the bachelor's degree in the School of Law, department of Law. I declare that this is my original work and has never been exposed anywhere in any academic field.
My parents for their love, encouragement, support in my entire life, confidence they have in me and for always inspiring me,
My supervisor Prof. NGAGI M. Alphonse who helped me during the whole period of my research, my sincere gratitude goes to him because I wouldn't have completed this dissertation without his help,
My sister Stella, my brotherGashema, my friends and colleagues for your constant support, love and friendship.
My acknowledgement values all those who advocated me both financially and materially throughout my research. This research would not have been complete without the supportiveness of my family and the University of Rwanda, School of Law.
Special thanks underlie to my supervisor, Professor NGAGI M. Alphonse, who guided me and motivated me to complete my research, he did it regardless my endless queries, and he deserves all my appreciation. My sincere gratitude goes also to Mrs MUKANGABO Beatha, the head of RURA Legal Affairs Directorate and to the staff of Nyarugenge Commercial Court for their help in giving me all information that I needed.
My wholly heartfelt goes to my family and friends who showed me total support during and over this period that I was doing my research.
May god bless you all abundantly!
Art : article
BCBS : Basel Committee for Banking Supervision
CAPEX: Capital Expenditure
CEO : Chief Executive Officer
CIC : Community Interest Companies
CIO : Charitable Incorporated Organizations
Gov : Government of Rwanda
GSM : Global System for Mobile communications
Ibid : Ibidem
Ltd : Limited
Me : Maître
NBR : National Bank of Rwanda
No : number
RURA: Rwanda Utilities and Regulation Authority
RWF: Rwandan Francs
QoS: Quality of Sevices
ORG: Office of the Registrar General
RDB: Rwanda Development Board
OG: Official Gazette
OL: Organic Law
Op. cit: Opere citato
P : page
SA: Société Anonyme
SIM: Subscriber Identification Module
UK: United Kingdom
USD: United Nations Dollar
WWW: World Wide Web
TABLE OF CONTENT
The University of Rwanda as other universities at the end of the fourth year students have to submit a complete research on topic of their choice, where they give contribution to the society by applying their knowledge to finding a solution to a given phenomena in the society. It is in this sense that I have undertaken this research and my topic is «The problematic of dissolution and liquidation of companies under Rwandan law: case study of Rwandatel».
Due to the limited time of research, the researcher tried to coordinate her activities according to the time she had, and tried to interact with all people and sources linked to the above said topic , interviewing them, analyzing the Rwandan laws and their provisions on company dissolution and liquidation, reading what different authors and scholars wrote about the topic, comparing Rwandan laws with foreigner laws, analyzing the judgment of Rwandatel and the consequences its dissolution had on Rwanda as a country.
Methodologies such as, documentary technique, where legal texts, books, dissertations and online sources were used to gather information on how the dissolution and liquidation of companies is done under Rwandan law. That helped me complete my research on the problematic of dissolution and liquidation of companies under Rwandan law because everything than has to refer to the provisions of the law.
In this research,the researcher with the help of methodologies of research adopted she got to know problems that are in our laws like the lack of provisions about the dissolution of companies and this leaves a question mark on which law the court based its decision that ordered the dissolution of Rwandatel Ltd.
Finally following observations made by the researcher,certain recommendations including how the Rwandan legislator should review the Rwandan company law to adopt provision relating to the dissolution of companies in order to remove a gap which is in Rwandan laws.