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Bankruptcy

The Twenty-fifth Meeting of the Executive Committee decided:

(a)  to request the Implementing Agencies:

      (i)   to carry out some preliminary screening of the financial viability of companies when preparing project proposals;

      (ii)  to take appropriate action, in consultation with the ozone unit in the country concerned, if there was any indication of a possibility of bankruptcy;

      (iii) to report to the Sub-Committee on Monitoring, Evaluation and Finance any slowdown expected as a result of bankruptcy and to present the most cost-effective options to protect the Fund’s assets, in collaboration with the ozone unit;

      (iv) to sell or redeploy equipment within an appropriate time-frame in accordance with the recommendations made by the Implementing Agencies and the ozone unit and approved by the Sub-Committee on Monitoring, Evaluation and Finance and the Executive Committee;

      (v)  to reflect instances of bankruptcy and their impact on ODS phase-out in project completion reports;

(b)  to consider seeking advice from external auditors or lawyers, as appropriate, on bankruptcy issues with a view to protecting the Fund’s assets.

(UNEP/OzL.Pro/ExCom/25/68, Decision 25/3, para. 24).


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