Frog street press writing paper
Essay Topics On The Lord Of The Flies
Wednesday, September 2, 2020
Wars By Timothy Findley Essays - The Wars, Ross Geller, Ross
Wars By Timothy Findley The Wars together much like a riddle. While sorting out a riddle it is essential to initially discover the corner pieces. As when attempting to comprehend the novel it is important to acknowledge what the most significant viewpoints are. Each different corner holds together and is connected to another part. Along these lines, to comprehend the bits of the riddle it is fundamental to investigate Roberts relationship with his mother, his sister and his dad. Besides, an endeavor will be made to uncover the qualities and shortcomings in these connections and the implications Timothy Findley is attempting to declare. To best comprehend Robert's relationship with his mom Mrs. Ross, one must glance at their relationship from the point of view of Mrs. Ross. It is her understandings and following responses to the awful occasions of the novel that uncover the most to the peruser about Robert's relationship with her. Mrs. Ross is depicted as an inflexible lady in the start of The Wars, yet as the story advances, her immovability is broken by different catastrophes. Mrs. Ross thought that it was difficult to get physically involved with individuals along these lines, she hushed up about numerous things. She felt that Being adored was letting others feed from your asset all you had in life was placed in risk (Findley, 153). Mrs. Ross had grieved for a considerable length of time over the abrupt passing of her sibling and her dad, presently she had lost a little girl and would lose a child. It is additionally obvious she kept a ton of things to herself. At Rowena's memorial service she stood separated from the remainder of the family imagining she didn't require any assistance. Mrs. Ross took cover behind an enormous, dark cap that day. Prior to Rowena's demise and Robert leaving for the war Mrs. Ross used to be out in people in general, giving out chocolate bars to the warriors heading out to war. Nonetheless, when Robert left to join the military Mrs. Ross would not have anything to do with it. Mrs. Ross was an inflexible woman. She was unyielding when it came to chocolate bars and she was resolute at the point when it went to her choice about Robert slaughtering Rowena's bunnies. After the passing of Robert's sister Rowena, the Ross family is by all accounts broken. Family individuals question whose shortcoming it was that she fell and who ought to eventually be considered dependable. Mrs. Ross appears to be being jealous of her child and little girl's relationship since Robert and Rowena had a relationship where Robert resembled a parent (gatekeeper) to Rowena. Robert additionally was exceptionally defensive of Rowena and consistently demonstrated his anxiety for her, similar to Mrs. Ross accomplished for all her youngsters yet more so towards Robert. Therefore, Robert being the nearest to Rowena turns into the explanation Mrs. Ross concludes he will to be the person who might take the duty of executing the bunnies. Mrs. Ross' choice to trouble Robert with this brutal demonstration and besides, his inability to do as such, prompts the most uncovering monolog pertinent to their relationship. 'You think Rowena had a place to you. Well I'm here to let you know, Robert no on has a place with anybody. We're completely cut off during childbirth with a blade and left helpless before outsiders. You hear that? Outsiders. I realize what you need to do. I realize you will disappear and be a trooper. Well-you can take a hike. I'm not dependable. I'm simply one more stranger. Birth I can give you-however life I can't. I can't keep anybody alive. Not any longer' (Findley, 23). The negative tone of Mrs. Ross' monolog can be ascribed to the way that Rowena just kicked the bucket and that Robert has decided to sentence himself to death, be that as it may, this additionally uncovers much about her relationship with Robert. Moreover, Robert's choice to enroll in the war isn't affirmed by Mrs. Ross. Her response is one of refusal and a disappointment as a parent.. Her words, you can take a hike, in actuality, give her genuine romance and care for Robert, yet in a profane way. She thinks about him that she can not hold up under the idea of him leaving, henceforth she guides her annoyance at him. Mrs. Ross missed her child when he did battle. She began going for long strolls. She may have attempted this to clear her psyche. At the point when Robert began preparing he would take long strolls around evening time also. Maybe both attempted this strategy to free their psyches from the issues they were confronting. Despite the fact that
Saturday, August 22, 2020
Globalization and Its Effects on Mexico Essay Example for Free
Globalization and Its Effects on Mexico Essay Mexico has the size and resources which could add to riches and thriving inside their fringes. The country has the second longest fringe with the United States, noteworthy oil assets, and the eleventh biggest populace on the planet. Mexico experienced all the vital free market changes to help bolster globalization in spite of starting opposition, yet they are yet to finish the inside microeconomic makeover they definitely need. Mexico has numerous things working for them yet keep on failing to meet expectations with regards to worldwide force and economy, China out performs Mexico for minimal effort fabricated merchandise and India is frequently the objective for re-appropriating employments and administrations over Mexico (Biggs, Shiess). After continued weight from the United States and the International Monetary Fund, Mexico chose to change their worldwide financial position to one that bolsters the free market. They changed their economy to one dependent on trades, they dispensed with most levies while bringing down others, pulled in remote direct speculation and private state resources, lastly decreased government spending. These means were required at an exertion for Mexico to participate on the financial advantages of globalization, yet Mexico just completed portion of the vital changes important for monetary success. (Biggs, Shiess) Many inhabitants of Mexico may accuse their issues for issues, for example, the medication cartels, the absence of value occupations, or absence of outside venture. In spite of the fact that these thoughts may add to the issues that control Mexico, they are not the genuine explanation. After Mexico finished their globalization endeavors by utilizing the thoughts of macroeconomics, t hey had just finished a large portion of the vital acclimations to really contend as a monetary superpower on the planet today.(BBC News) Mexico has flopped in extraordinary part because of their willfulness and inside debasement to develop their country from that of a better than expected Latin American Economic force, to that of one comparable to most European countries, China, India, and the United States. The second 50% of the riddle that Mexico is missing depends intensely on the thoughts of microeconomics. Mexico never made the level playing field for organizations inside their nation and is incredibly fueled by imposing business models which ruins an economy because of absence of rivalry and development. For Mexico to start to prevail in the free market needs to place assets into banks, education(specifically on innovation), systems which will bolster coordinated effort between contending organizations, and in particular new laws to refuse the imposing business models which control Mexicoââ¬â¢s economy. (Biggs, Shiess) Until these means are taken Mexico stays a nation which can be overwhelmingly hard to work together in, which dismisses most of financial specialists, and individuals hoping to extend organizations into various nations. It's anything but a decent sign when as per the International Finance Corporation Mexico positions 75 out of 183 nations on the planet for ââ¬Å"ease of beginning a businessâ⬠. (IFC) Around the year 2000 when the globalization development was completely gotten under way, Mexico was experiencing an extraordinary change in their political position too. This was a significant issue for Mexico, despite the fact that the financial changes which were radically required were going on outside Mexicoââ¬â¢s fringes it is an exceptionally troublesome errand of changing their political establishments simultaneously of changing monetary organizations. Mexico keeps on standing where they are as opposed to return a stage to take into consideration future increases, for instance Mexico keeps on depending on their state possessed oil mammoth Pemex as opposed to getting new organizations and financial specialists for an endeavor at development and rivalry in their oil industry. (Biggs, Shiess) Until Mexico chooses to endure a little shot and clean house with respect to their current inward financial position organizations will keep on dodging Mexico no matter what. New business es need security in a political and monetary framework, and until Mexico is eager to offer that and set up reasonable exchange laws, better expense laws, and financial guidelines they will proceed down a similar street. Mexico is enormously dependent on their oil sends out; this has been known as the Resource Curse by numerous specialists. The issue lies in that when they began to nationalize their oil assets, they required outside speculation to refine oil into oil as they did not have the neighborhood assets to do so themselves. This outcomes in some financial advantages because of different nations buying raw petroleum for themselves, however the procedure stays to be very depleting on what could be the way to monetary flourishing. Mexico needs to mine the raw petroleum, trade it to outside countries where they can refine it and afterward re-import it as fuel. (Biggs, Shiess) The most concerning issue that their non-renewable energy source reliance will bring upon Mexico is that the nation is depending on the business, and on the grounds that request and costs are high Mexico has no motivation to begin new ventures. Oil is a petroleum derivative and assets are lessening, and when they are gone Me xico won't be fit as a fiddle than they are as of now. Mexico is at the junction with regards to their economy and what course people with great influence need to take the nation in. Starting at right now the globalization endeavors have helped the Mexican economy however because of absence of assets and a change in political view simultaneously Mexico couldn't completely profit by the free market. They may have assisted their exchanging associations with outside nations, however insufficient was done inside their own outskirts to prohibit defilement and imposing business models. Mexico is stuck set up until they take the vital transient monetary destruction to get the full prizes from globalization. With the consistent changing of political thought processes, issues with tranquilize cartels, and debasement the odds of new organizations firing up is thin. Without new organizations to rouse rivalry the economy will keep on depending upon oil to continue the countryââ¬â¢s economy, yet in the long run the oil assets they have will run ou t and lead to extreme disturbance inside Mexico. Works Cited Biggs, Cate, Ami Shiess, Kelly Korenak, Linda Chang, and Laura Neumeister. World Savvy Monitor. World Savvy Monitor. Ed. Anita Trachte. The World Savvy Board, Aug. 2009. Web. 17 Oct. 2012. . Mexico Country Profile. BBC News. BBC, 09 Apr. 2012. Web. 17 Oct. 2012. . Working together in Mexico World Bank Group. Working together in Mexico World Bank Group. Universal Finance Corporation, 2012. Web. 17 Oct. 2012. .
Friday, August 21, 2020
Parent Interview Essay Example | Topics and Well Written Essays - 2000 words
Parent Interview - Essay Example Joe is marked as having mental imbalance; anyway he is additionally taking prescription for consideration deficiency hyperactivity issue (for example ADHD). At present, Joe is going to Harrison Elementary School in Livingston, Virginia. This school has grades from kindergarten through 6th grade and in situated in a working class territory. Joe is in a chemical imbalance independent class, and his schoolmates run in instructive levels from third through 6th grade. Joe is in the fourth grade. He has been setting off to this school for a long time and has been in a similar chemical imbalance program with three of his cohorts for the entirety of this time. Joe is notable and preferred around the school since he is loquacious and social. He additionally lives in a white collar class neighborhood close to his school. Joe is an exceptionally keen kid, yet he is viewed as lower working since his grades place him beneath grade level. Joe doesn't take the standard of learning tests (for example SOL); anyway he qualifies to take the Virginia Alternative Assessment Program test (for example VAAP). In school he participates by and large instruction e xercises, for example, craftsmanship, physical training, and music. What's more, he additionally has his scholastic work that is done in the general instruction study hall and his class. At this period in time, Joe has an Individual Education Program (for example IEP) in which he has a few objectives that he is chipping away at, other than his general training exercises and educational plan. His individual objectives are in the regions of correspondence, fine engine/composing undertakings, homeroom conduct, math, language expressions and perusing. Joe cooperates socially with his companions and educators. He reacts to questions eagerly, takes part in all actuates and has a normal measured jargon. In any case, he gets a kick out of the chance to utilize words that start with the letter s, which some of the time blocks correspondence. Joeââ¬â¢s objectives incorporate
Tuesday, June 2, 2020
Should you discuss mental health issues in your college essay
Image à ©Nickshot, Adobe Stock As regular readers of my blog may know, I periodically trawl the forums over at College Confidential to see whatââ¬â¢s trending. Recently, Iââ¬â¢ve noticed a concerning uptick in the number of students asking whether itââ¬â¢s appropriate for them to write about mental health issues, most frequently ADD and/or anxiety, in their college applications. So the short answer: donââ¬â¢t do it. The slightly longer version: If youââ¬â¢re concerned about a drop in grades or an inconsistent transcript, talk to your guidance counselor. If these types of issues are addressed, the GCââ¬â¢s letter is the most appropriate place for them. If, for any reason, the GC is unable/unwilling to discuss them and the issues had a significant impact on your performance in school that unequivocally requires explanation, you can put a brief, matter of fact note in the ââ¬Å"is there any additional information youââ¬â¢d like us to know?â⬠section, but think very carefully about how you present it. Do not write your main essay about the issue. The full version: To understand why these topics should generally be avoided, you need to understand what information colleges are actually seeking to gain from the personal statement. Although it is technically a personal narrative, it is, in a sense, also a persuasive essay: its purpose is to convey what sets you apart from the thousands of others with equally good grades and scores, and to suggest whether you have qualities that make you more likely to thrive at university x than the other 10 or 15 or even 20 applicants clamoring for that spot. Now, whether such thing can actually be determined from 650 words (with which some students receive significant help) is of course questionable; however, the bottom line is that, adcoms are looking for students who will be successful in college. Discussing oneââ¬â¢s inability to focus or intense aversion to social situations does not exactly inspire confidence, even if a student insists those problems have been overcome. Leaving home, dealing with professors and roommates and more challenging classes Those are all major stressors. There is a tacit understanding that of course some students will flame out, have breakdowns, etc., but adcoms are understandably hesitant to admit anyone who is already at a higher risk for those issues. You want them to be excited about the prospect of admitting you, not debate whether youââ¬â¢ll really be able to handle college. (In fact, I had multiple students with various issues who were not truly ready for college and who did flame out ââ¬â colleges have good reason to take these things seriously.) This concern goes beyond any particular studentââ¬â¢s well-being: graduation rates get factored into rankings, and every student who doesnââ¬â¢t make it through drags that statistic just a little bit lower. If a student does develop serious problems while on campus, there are also potential legal/liability issues involved, and no school wants to deliberately court those. Besides, if your grades are iffy, it is extremely difficult not to sound as if you are making excuses. You are much better off talking about an experience or interest that will make them look past the transcript and think, ââ¬Å"Hey, I really like this kid.â⬠And the reality is that if your grades are that iffy, youââ¬â¢re probably not a competitive candidate at super-selective colleges anyway. These schools are looking for applicants who are on the way to fulfilling their potential, not for ones who need to explain away chronic underachievement. In addition, one thing applicants ââ¬â and sometimes their parents ââ¬â have difficulty wrapping their heads around is the sheer number of applications the average admissions officer has encountered. Situations that may seem extreme and dramatic to adolescents who have recently confronted them may in fact have already been experienced ââ¬â and written about ââ¬â by thousands of other applicants. A 17-year old may believe that describing their anxiety in morbid detail will make them seem complex and introspective, but more likely it will only come off as overwrought and trite. I know that might sound harsh, but please remember that admissions officers are coming at this process with no pre-existing knowledge of you as a person, only a few minutes to spend on your essay, and hundreds of other applications to get through. They are also under intense pressure to ensure that the appropriate demographics targets are being met and all the various institutional constituencies (coaches, development office, orchestra conductor) are being satisfied. Theyââ¬â¢re not ogres, and theyââ¬â¢ll try to give you the benefit of the doubt, but if yours is the fifth essay about overcoming anxiety theyââ¬â¢ve seen in the last 48 hours, they will look at it and reflexively think, ââ¬Å"oh, another one of these.â⬠That is not a first impression you want to make. Now, are there exceptions? Yes, of course, but they are rare. In all the time I did college admissions work, I had exactly one student successfully discuss anxiety in an essay. It was, however, introduced in the context of a family tragedy that had profoundly shaped the studentââ¬â¢s life; given that background, the discussion seemed natural and matter of fact rather than overdramatized. Even so, I made the student take a good week to think about whether that topic was truly the one they wanted to write about. Ultimately, of course, the decision is yours, and the choice depends on the larger story you want to tell as well as your ability as a writer, but these topics are so difficult to pull off well that you are best off avoiding them if you can (particularly if you dont have access to someone with a lot of admissions experience who can review your essay). Find another topic/ experience that you enjoy writing about (and that others are likely to enjoy reading about); that presents you as someone interesting and thoughtful; and that suggest you are ready to thrive in college. If you really are concerned about your ability to function in college, most schools have plenty of resources for you to take advantage of (academic support, counseling center, etc.). But those are things to investigate after you get admitted. Before that, donââ¬â¢t go out of your way to fly red flags where none are warranted.
Saturday, May 16, 2020
Analysis Of Swan Lake And The Nutcracker - 1698 Words
Music. Entrancing both by its various individual styles and the unavoidable combination of diverse kinds which thusly have made other totally new and novel styles of music. Traditional music is a flawless sample. The soonest types of traditional music were made in the eighteenth and mid nineteenth hundreds of years and showed an exceptionally confused and modern type of composing joining an extensive variety of instruments and utilized the guideline of multi instrumentation which accomplished a full symphonic sound which thusly prompted the making of uniquely planned lobbies to encourage the sound. The sources of the music were additionally differing, numerous organizations having been composed for the stage, writers. For example, Subside Ilyich Tchaikovsky who is in charge of the momentous musical syntheses of Swan Lake and The Nutcracker composed his music for Ballet in a style which was dazzling and charming, as well as recounted a story. Tchaikovsky was not by any means the only arranger to do this, Richard Wagner who was a writer of Opera s additionally composed his music in a style that recounted a story. Wagner changed the idea of musical show by survey it as an aggregate craftsmanship He needed the Conductor to control every one of the components of the emotional creation and to give them something to do in anticipating the dramatization through the Music. In the same broadened way the arrangers of the time composed for moves to be performed onShow MoreRelatedAnalysis And Analysis On Data Cleaning Essay1985 Words à |à 8 Pagescultural attributes. The objective of this analysis is to help PAB to find the best opportunities to attract more audiences, increase its awareness and offer all charitable giving from actual ticket sales. Through the SAP Lumira tool, the analysis will firstly show the process of data cleaning, then provide the analysis on the PAB marketing strategies, customer analysis and location analysis. Finally, the recommendation will be provided based on the analysis above. 2. Data Cleaning Data cleaning isRead MoreAnalysis of Dance Styles1614 Words à |à 7 PagesAnalysis of Dance Styles ARTS/100 Professor Analysis of Dance Styles For centuries peoples have been dancing as an art form that allows them to physically express themselves without using words. These are times when simple dignity of movement can fulfill the function of a volume of words (Humphrey, 1937). A great deal can be understood when a person watches a person dances. The message that is related is strong and clear. When you understand the types of dance the message is clear.
Wednesday, May 6, 2020
Eating Disorders Are Abolishing People Day By Day
Eating disorders are abolishing people day by day. According to the National Association of Anorexia Nervosa and Associated Disorders, up to 24 million people of all ages and genders suffer from an eating disorder in the United States. These mental monsters are not physical, but they are mentally destroying a personââ¬â¢s thoughts, which effect their overall actions. Not only are eating disorders caused by unrealistic societal expectations, but the monsters come out through the psychological aspects as well. Eating disorders are ââ¬Å"a mental health issue with devastating effects on one s physical health and quality of life. Underlying the food and exercise behaviors are distorted and self-critical attitudes towards shape, size and self-worthâ⬠(Eating Disorders). Three major types of eating disorders are anorexia, bulimia, and binge eating. They are all disorders, however they differ by how harmful each one is to a personââ¬â¢s body. These eating disorders are monsters because they are potentially life-threatening. The first eating disorder is anorexia, which consists of self-starvation and excessive exercise for weight loss. People who suffer from anorexia think they are over-weight and the only solution to losing that weight is to not eat or exercise too much. The second eating disorder is Bulimia. This disorder is characterized by self-induced vomiting to get rid of food from a previous meal. Most people who suffer from bulimia tend to throw up instantly after binge eating.Show MoreRelatedEating Disorders Are Taking Over The Minds Of People Day By Day1829 Words à |à 8 PagesEating disorders are taking over the minds of people day by day. According to the National Association of Anorexia Nervosa and Associated Disorders, up to 24 million people of all ages and genders suffer from an eating disorder in the United States (ANAD). These mental monsters are not only physical, but they are mentally destroying a personââ¬â¢s thoughts, which affec t their overall actions. Not only are eating disorders caused by unrealistic societal expectations, but the monsters come out throughRead MoreHuman Trafficking Must Be Defined As The Illegal Movement Of People1706 Words à |à 7 PagesI picked this topic because human trafficking goes unnoticed and is a topic that gets over looked. As we know in 1862, President Abraham Lincoln signed the Emancipation Proclamation abolishing slavery, yet more than one million people are enslaved in the U.S. today. Human trafficking involves different ages, gender, ethnic backgrounds, and they are being trafficked throughout the world. At the end I hope to inform my peers about the reality and danger of human trafficking, as well share the solutionsRead MoreAbortion : Is It Morally Acceptable?1640 Words à |à 7 PagesDay one, the most important day of any personââ¬â¢s life. The day of conception in which a simple cell becomes a growing human being. Time begins to pass on and the child begins to develop everything they need to survive in the world. In merely a few months the darkness will begin to fade away and the bright light will finally come into view for the child. What was just a simple cell not too long ago has now blossomed into a human being, but is this child technically alive? Is it morally acceptable toRead MoreThe Effects Of Advertising On Society s View On Gender Roles1756 Words à |à 8 Pagesof mediaââ¬â¢s stereotypical roles without gaining any negative social or personal affects. The goal of advertising is to target a group of people and sway them to take action, to buy a product, or to rally around a cause/message that is being pitched. However, though advertising can inspire, it can also ruthlessly manipulate millions of people each and every day. It is seen, ââ¬Å"American advertising has grown enormously since the 1920s, and current advertising expenditures are eighty times greater thanRead MoreSociology of Advertising and The Stereotyping of Women in the Media: Gender Roles, Personal Dissatisfaction and Issues of Patriarchy- Who Is Really to Blame?2525 Words à |à 9 PagesWho Is Really to Blame? We live in a consumer world. Everything we do and perhaps everything we are is based on consumption and commodity. Daily life has become a constant juggle of products and services - needs verses wants. People and objects become interchangeable. People become identified and classified with material goods. While advertising and the consequential high levels of consumption are juxtaposed and allied to economic expansion, they are also coupled with personal dissatisfaction, theRead MoreCriminology : A Common Sense Understanding Of Crime2271 Words à |à 10 PagesWhat is Criminology, what are its key tasks and questions, and how does it challenge a ââ¬Å"common sense understanding of crimeâ⬠. As human beings we all see and hear about crimes from a day to day basis. We all question why we have crime and what makes a person commit a crime. Criminology is the definition of our crime today, it defines many aspects and elements that challenge our common sense understanding of crime. The term ââ¬ËCriminologyââ¬â¢ was first introduced into the English language in Garland 1988Read MoreSuicide Among Female College Students Essay2200 Words à |à 9 Pageschallenge is that they seem to see no alternative to their problems. The rate of college student suicide has also tripled since the 1950s (College Degree Search). Even though suicidal individuals are likely to be noticed regarding their intention, most people do not take seriously the warnings, or are unaware on what to do in order to assist such persons. It is also possible to confuse a genuine discussion on suicide to imply that someone is suicidal. For this reason, understanding suicidal tendenciesRead More Teenage Girls, the Media and Self-Image Essay3098 Words à |à 13 Pagesfree time playing dolls or G.I. Joe with my little brother. The boys still believed we we re infected with a rare strain of cooties; they had a way to go before maturing into the young men the magazines displayed, the objects of affection who would one day take us to the movies in convertibles or stare in awe as they would recognize the new shade of eye shadow we would expertly apply. Yet, I watched as the magazines slowly infiltrated our pre-pubescent bubble of safety. Girls began wearing a bit ofRead MoreHistory of Mental Health by Mind8472 Words à |à 34 Pagesthe time of distribution. 1601 The Poor Law was introduced and clearly defined the responsibility of every parish to support those who were incapable of looking after themselves. This responsibility was limited to people born or defined as being settled in a parish. Other people who did not fit these categories could be expelled from the parish. 1808 The County Asylums Act 1808 gave permissive powers to the Justices of each county to build asylums, paid for by local rates, to replace the fewRead MoreMy Simple Autobiography7283 Words à |à 29 Pagesbetter grades at Math as it was my favorite subject. Thinking about all those times make me realize one thing, there always need to be something that we should be something, something which would keep us going in the long-run. I know why many old people get frustrated. Because, they have nothing to aspire for. Nothing has a tendency to inspire them or society just expects them to settle down which must not be the case. I remember my grandmother telling me, there always has to be that fire in your
Tuesday, May 5, 2020
Bankruptcy law in kenya free essay sample
The Kenyan Insolvency Bill 2012 is an act of parliament to: amend and consolidate the law relating to the insolvency of natural persons and incorporated and unincorporated bodies; to provide alternative procedures to bankruptcy that will enable the affairs of insolvent natural persons to be managed for the benefit of their creditors; to provide for the liquidation of incorporated bodies (including solvent ones); to provide as an alternative to liquidation procedures that will enable the affairs of such of those bodies as become insolvent to be administered for the benefit of their creditors; and to provide for related and incidental matters Individual insolvency refers to the inability of a debtor to pay his debts as and when they fall due. The individual status refers to natural persons only and not corporations. BACKGROUND The bill was enacted to streamline regulation and ownership of businesses in Kenya by introducing international best practices on corporate law and management of insolvency1. The Insolvency Bill was set to repeal the outdated Bankruptcy Act Cap 53 by simplifying insolvency proceedings. This major reform was a reaction to the wind of change in the wake of the countryââ¬â¢s position in ââ¬Å"Ease of doing businessâ⬠in East Africa, with Kenya dropping to 3rd position in ââ¬Å"Doing Business 2013â⬠ranking in the region. The Companies Bill now the Companies Act 2012 was also set forward to reformulate and improve the business climate in Kenya2. The bill primarily seeks to provide independent administrators with control of businesses at the point of insolvency and duty of equitable distribution of liquidation assets among the directors. The legislatorsââ¬â¢ intention was to limit creditorsââ¬â¢ leeway to liquidate companies that could otherwise be salvaged through management restructuring or improvement. ââ¬ËInsolvency Reform in Africaââ¬â¢ a report by Mahesh Uttamchandani the Global Product Leader on Restructuring Insolvency, from World Bank Group, states that stakeholders recover little from NPLs (Non-Performing Loans). From their collected statistics in Kenya; Country Aggregate value of NPLs (2008)total Amount Recovered under current recovery rates. Total Value destruction. total Recovery rate DB 2011(cents on the dollar) Time DB 2011(years) Kenya 1,091,249,246 325,192,275 766,056,971 Source: IMF, NPL data and Doing Business. The report further realized the following challenges facing the insolvency regime: Even basic processes such as liquidation take too long; Reorganization rates are very low; Very little returned to stakeholders; Under-regulation of Liquidators and Receivers It can be clearly seen that a better insolvency regime was in need and the 2012 Bill succeeded the 2010 Bill which with also repealing the Bankruptcy Act it also: Seeks to encourage the dissolution of non-viable and inefficient businesses and the survival of the efficient ones and to maximize the value of liquidated assets. Provides effective mechanisms for indemnifying and prosecuting managers and directors whose illegal actions contribute to the insolvency of a firm NOTE: The Insolvency Bill 2010 wasà initially rejected in 2010 and referred back to stakeholders for further review. After incorporating their amendments the bill was finally approved for gazettement and should now be referred to as the Insolvency Bill 2012. According to the office of the Chief Parliamentary Draftsman, the old 2010 bill is no longer applicable and will be formally withdrawn from the house. The new insolvency bill introduced a company voluntary arrangement procedure, along with the concept of administration. The insolvency practitioner would be required to be qualified and the aim of the legislation was to ââ¬Å"help the profession to clean up its actâ⬠. Challenges to implementation were, amongst other things: Legislating for a modern insolvency legal framework The acceptance of that framework by society; Explaining to stakeholders how the system would Function Ensuring that the laws were passed by Parliament and then establishing the institutions necessary to implement them The presence of sufficient legal and economic expertise to implement the new regime. The most important and noticeable features relating to individual insolvency are substantially similar to those of corporate bodiesââ¬â¢ insolvency however the provisions of liquidation and winding up are more detailed and exclusive to incorporated and unincorporated bodies alike. These salient features are as follows: 1. Circumstances where the individual is insolvent include where he has insufficient assets with which to discharge his debts and financial liabilities. An individual may be insolvent but not be bankrupt however cannot be bankrupt without being declared insolvent first. 2. Once insolvency is established a receiving order is prepared and granted by the court upon application of a bankruptcy petition filed by either the creditors or the debtor. NOTE: Once an order has been made against an individual then their creditors can no longer pursue them for payment. 3. A receiving order sought after by the debtor to declare himself insolvent does not conclusively declare him bankrupt however if the creditors agree on the individualââ¬â¢s composition or scheme of arrangement of his assets then theà order already granted will just be replaced by the courts with an adjudication order declaring bankruptcy. After the individual is made bankrupt, a trustee in bankruptcy is appointed. All the individualââ¬â¢s assets in his bankruptcy estate vest in the trustee and his ability to trade and take credit is restricted. NOTE: The Bankruptcy Act does not exclusively detail circumstances which a person cannot be a trustee or official receiver. The Insolvency Bill clearly states a trustee is either the official receiver (a civil servant and officer of the court) or a licensed insolvency practitioner. Insolvency Practitioner is a new term under the bill. Trustee must equally distribute assets to creditors with regard to their debts owed; maximize the assetsââ¬â¢ liabilities. Official receiver or trustee has power to extend bankruptcy period under certain circumstances and this is achieved by seeking an order from the courts. 5. Individual Voluntary Arrangement (includes asset realization and payment scheme and schedule) is an agreement between an insolvent individual and his creditors which either compromises or provides a framework for the settlement of his debts. A composition or scheme of arrangement may be proposed by the debtor to his creditors and also has the option of seeking a court order preventing creditors taking recovery action for their debts until they have voted on the proposal at the first meeting of creditors. NOTE: This option was not applicable under the now repealed Bankruptcy Act. 6. Insolvent individuals, with modest means and no debts arising from carrying on a business may; apply to the official receiver for a debt relief order which prevents creditors from enforcing their debts against the individual for a year after which he is discharged from liability for those debts. Even if found bankrupt, the individual is allowed certain exemptions which permit him to retain a car, business equipment, personal property and a home as long as he continues to make payments on a loan secured by the property. The safeguards of the bankrupt to be able to conduct business and gain a fresh new start are well and better formulated in the bill than it was in cap 53 of laws of Kenya. 8. Once discharged from bankruptcy an individual is freed from their debts. The available exceptions are creditors who hold security or other legal charges over the individualââ¬â¢s assets. The discharged bankrupt will be liable to pay the required payments or else the secured or charged property will be relinquished by the creditors to recover the loans. 9. Creditorsââ¬â¢ rights and liabilities relating to natural personsââ¬â¢ insolvency is limited to exercise since the assets and property of the individual are privately owned and there is no public records of accounts, audits and other financial books on his estate unless the nature of business requires him to keep such documents. 10. Supervisors for Individual Voluntary Agreements and Administrators must be quali? The bill provides that charge-holders should be given notice of any petition. If at the petition stage a receiver is already in place, then the court is required to dismiss any petition unless the charge-holder who appointed the receiver consents to the Administration Order. 12. The bill sets out various criteria for authorization as an Insolvency Practitioner. This could be via a recognized professional body or through a new body, the Insolvency Practitioners Board. This requirement will help the profession ââ¬Å"clean upâ⬠its act and bar those considered un? t. The regulation and licensing of IPs was important, and it was essential to ensure a minimum level of professional standards and skills as; Knowledge of procedure; A minimum experience threshold; Personal attributes such as integrity; Suitability for their tasks; The physical capacity to be able to deal with matters entrusted to them; Independence in the matter; and To have acquired the confidence and the trust of all stakeholders. What is less clear from the wording of the bill compared to the bankruptcy act is whether a charge-holder could proceed to appoint a receiver after obtaining notice of a petition ââ¬â something that could have important implications on the value of ? xed and ? oating securities. 2. The major change therefore is that the Administrator chosen by all creditors ââ¬ârather than the receiver chosen by charge-holdersââ¬â will deal with charged property and will account to the charge-holders thereon for which priorities remaining intact. 3. Unlike in the Bankruptcy Act, the Insolvency Bill deems an individual to be unable to pay his debts in certain circumstances thus declaring him not insolvent. Such circumstances are: REFORMS AND INNOVATIONS RELATING TO INDIVIDUAL INSOLVENCY From the highlighted features manifesting in the Insolvency Bill 2012, it is clear to note that there is still room for improvement and the government works with players in the economy and financial sector to develop legislations, policies, regulations and to ensure that procedures are up to international standards. Firstly, we have not seen any similar draft rules alongside the bill ââ¬â but I feel, if properly tailored and incorporated, these would only serve to enhance this proposed Kenyan legislation. PwC, Price Waterhouse Coopers provides innovative and practical solutions in financial services. Financial Focus PwC3 January 2009 edition, promoted the proposed changes aimed at promoting the rescuing of businesses when they experience ? nancial dif? culty as opposed to placing them under receivership or liquidation. Radical changes, reforms and innovations to the then existing insolvency regime was: 1. The concept of ââ¬Å"rescue cultureâ⬠for survival, which has been increasingly embraced in legislation around the world following the development of the UNCITRAL Model Law for insolvency in 2001. 2. To draw a better balance between debtor and creditor rights. Many argue that existing insolvency law in Kenya overly favours the creditor ââ¬â often banks or other charge-holders. Ultimately inadequate legislation to properly balance and protect creditor and debtor rights negatively affects inward investment and increases the cost of doing business. The new bill seeks to modernize insolvency legislation to the bene? Court involvement to be more pronounced. In this case the directors or one or more creditors of a distressed company can petition the court to make an Administration Order. The court must consider whether Administration will meet one of four ââ¬Å"purposesâ⬠, including the survival of the company and whether it would result in a more advantageous outcome than would liquidation. Training institutions have to be made to create programmes for skills development with a view to ensuring that there would be a professional group of insolvency practitioners. The INSOL Africa Round Table 2012 is one such programme. The meeting in Nairobi offered the following reforms and innovations regarding insolvency matters; The background to the establishment and functioning of the Commercial Court, which had been particularly successful in reducing the backlog of cases. Dealing with the deployment of alternative dispute resolution (ADR) in facilitating informal corporate workouts. This is advantageous because of not being constrained either by the Courts or by statute but only by the ââ¬Å"imagination and expertise of the participantsâ⬠. There are many changes within the Insolvency Bill 2012. Two of the most radical, in my view, are:- the move to introduce two new legal procedures ââ¬â Company/Individual Voluntary Arrangements (CVAs and IVAs) and Administration the requirement for any ââ¬Å"Insolvency Practitionerâ⬠to be quali? ed Much of the bill, seem to closely mirror respective parts of the 1986 UK Insolvency Act. It should be remembered that the key provisions of the Companies Act in Kenya are based on the 1948 UK Companies Act. Moreover, the UK got its own dedicated Insolvency Act as far back as 1986 and then updated it in 2003 with the Enterprise Act. This does not seem to be a feature of IB 2012, something that in my view might well serve to frustrate the key intentions of the proposed legislation. Martin Whitehead4 who leads PwCââ¬â¢s Crisis Management team in East and Central Africa states ââ¬Å"We need an insolvency act that will be workable, and so key interested parties ââ¬â banks, corporate borrowers and insolvency practitioners ââ¬â should be looking to fully participate in the process going forward. â⬠Many grey areas remainâ⬠¦ but overall this bill is going in the right direction.
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