Microsoft Word Legal Guidance Note final docx
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Legal Guidance Note Oct10
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- Public debt is a direct obligation of the government
Suggested provisions
36. Authority to borrow. It must be clear that the state has authority to borrow, and to issue guarantees (although in some countries guarantees may be extended to public sector bodies only). This authority will often be set out in the constitution. 37. Public debt is a direct obligation of the government. Such a provision is usually recommended to reduce any concern by investors or creditors that a government could renege on its obligations, perhaps by deciding to repudiate any obligations incurred by a previous government. 22 A slightly different concern is that the minister may borrow without properly securing the authority of parliament or consistently with other legislative parameters; and investors need to know where they stand in such circumstances and the risk of the government repudiating the debt. However, 21 In India, Article 293 of the Constitution provides state governments with the executive power to borrow exclusively from domestic sources while prohibiting foreign borrowing. The Article further stipulates that a state with any outstanding debt from the central government requires the consent of the central government to borrow. By virtue of being a major creditor to the states, the central government in practice controls the market borrowings of the states by placing a quantitative ceiling on the market borrowing of each state during a financial year. This is complemented with individual fiscal responsibility acts that stipulate fiscal rules for all of the states. In sharp contrast, Brazil has an integrated Federal Fiscal Responsibility Law that sets the terms, conditions and limits on the borrowing by states, district federations and municipalities. Mexico, on the other hand, has individual public debt laws in nearly all states for the management of the states’ debt. In Vietnam, Article 26 of Decree 60/2003 limits most provinces’ borrowing for capital investment to 30 percent of the annual investment budget. 22 ‘Odious debt’ concerns of course may pull in the other direction. Download 158,87 Kb. Do'stlaringiz bilan baham: |
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