The Cross-Border Insolvency Regulations (Northern Ireland) 2007
S.R. 2007/115 · Made 23 February 2007 · Extends to Northern Ireland
INSOLVENCY
Made 23rd February 2007
Coming into operation 12th April 2007
To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
The Department of Enterprise, Trade and Investment f1, with the agreement of the Lord Chancellor, makes the following Regulations in exercise of the powers conferred by Article 11 of the Insolvency (Northern Ireland) Order 2002f2:C1
Annotations to the whole text
Modifications
- C1
Rules excluded in part (6.3.2008) by The Regulated Covered Bonds Regulations 2008 (S.I. 2008/346), Sch. para. 12
Footnotes
- f1
-
Formerly the Department of Economic Development; see Article 3(5) of the Departments (Northern Ireland) Order 1999, (S.I.1999/283 (N.I.1))
- f2
Contents
- 1Citation and commencement
- 2Interpretation
- 3UNCITRAL Model Law to have force of law
- 4Modification of Northern Ireland insolvency law
- 5Procedural matters
- 6Notices delivered to the registrar of companies
- 7Disapplication of Article 3 of the Insolvency (Northern Ireland) Order 1989
- Signature
- Schedule 1: UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY
- Part 1: GENERAL PROVISIONS
- Chapter: Article 1. Scope of Application
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Article 2. Definitions
- Article 3. International obligations of Northern Ireland under the EC Insolvency Regulation
- Article 4. Competent court
- Article 5. Authorisation of Northern Ireland insolvency officeholders to act in a foreign state
- Article 6. Public policy exception
- Article 7. Additional assistance under other laws
- Article 8. Interpretation
- Chapter II: ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN NORTHERN IRELAND
- Article 9. Right of direct access
- Article 10. Limited jurisdiction
- Article 11. Application by a foreign representative to commence a proceeding under Northern Ireland insolvency law
- Article 12. Participation of a foreign representative in a proceeding under Northern Ireland insolvency law
- Article 13. Access of foreign creditors to a proceeding under Northern Ireland insolvency law
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Article 14. Notification to foreign creditors of a proceeding under Northern Ireland insolvency law
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Chapter III: RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
- Article 15. Application for recognition of a foreign proceeding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Article 16. Presumptions concerning recognition
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- Article 17. Decision to recognise a foreign proceeding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Article 18. Subsequent information
- Article 19. Relief that may be granted upon application for recognition of a foreign proceeding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Article 20. Effects of recognition of a foreign main proceeding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Article 21. Relief that may be granted upon recognition of a foreign proceeding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Article 22. Protection of creditors and other interested persons
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Article 23. Actions to avoid acts detrimental to creditors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Article 24. Intervention by a foreign representative in proceedings in Northern Ireland
- Chapter IV: COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
- Article 25. Cooperation and direct communication between the court in Northern Ireland and foreign courts or foreign representatives
- 1Paragraph 1
- 2Paragraph 2
- Article 26. Cooperation and direct communication between the Northern Ireland insolvency officeholder and foreign courts or foreign representatives
- 1Paragraph 1
- 2Paragraph 2
- Article 27. Forms of cooperation
- Chapter V: CONCURRENT PROCEEDINGS
- Article 28. Commencement of a proceeding under Northern Ireland insolvency law after recognition of a foreign main proceeding
- Article 29. Coordination of a proceeding under Northern Ireland insolvency law and a foreign proceeding
- Article 30. Coordination of more than one foreign proceeding
- Article 31.Presumption of insolvency based on recognition of a foreign main proceeding
- Article 32. Rule of payment in concurrent proceedings
- Schedule 2: PROCEDURAL MATTERS
- Part 2: INTRODUCTORY PROVISIONS
- 1Paragraph 1
- Part 3
- Chapter: APPLICATIONS TO COURT FOR RECOGNITION OF FOREIGN PROCEEDINGS
- 2Affidavit in support of recognition application
- 3Form and content of application
- 4Contents of affidavit in support
- 5The hearing and powers of court
- 6Notification of subsequent information
- Part 4
- Chapter: APPLICATION FOR RELIEF UNDER THE MODEL LAW
- 7Application for interim relief—affidavit in support
- 8Service of interim relief application not required
- 9The hearing and powers of court
- 10Application for relief under article 21 of the Model Law—affidavit in support
- 11The hearing and powers of court
- Part 5
- Chapter: REPLACEMENT OF FOREIGN REPRESENTATIVE
- 12Application for confirmation of status of replacement foreign representative
- 13Contents of application and affidavit in support
- 14The hearing and powers of court
- Part 6
- Chapter: REVIEWS OF COURT ORDERS
- 15Reviews of court orders—where court makes order of its own motion
- 16Review application—affidavit in support
- 17Hearing of review application and powers of the court
- Part 7
- Chapter: COURT PROCEDURE AND PRACTICE WITH REGARD TO PRINCIPAL APPLICATIONAND ORDERS
- 18Preliminary and interpretation
- 19Form and contents of application
- 20Filing of application
- 21Service of the application
- 22Manner in which service to be effected
- 23Proof of service
- 24In case of urgency
- 25The hearing
- 26Notification and advertisement of order
- 27Adjournment of hearing; directions
- Part 8
- Chapter: UNREGISTERED AND REGISTERED LAND
- 28Registration of court order
- Part 9
- Chapter: MISFEASANCE
- 29Misfeasance by foreign representative
- Part 10
- Chapter: GENERAL PROVISION AS TO COURT PROCEDURE AND PRACTICE
- 30Principal court rules and practice to apply with modifications
- 31Applications other than the principal applications—preliminary
- 32Form and contents of application
- 33Filing and service of application
- 34Other hearings ex parte
- 35Use of affidavit evidence
- 36Filing and service of affidavits
- 37Adjournment of hearings; directions
- 38Shorthand writers
- 39Enforcement procedures
- 40Title of proceedings
- 41Court records
- 42Inspection of records
- 43File of court proceedings
- 44Right to inspect the file
- 45Copies of court orders
- 46Filing of Gazette notices and advertisements
- 47Persons incapable of managing their affairs—introductory
- 48Appointment of another person to act
- 49Affidavit in support of application
- 50Service of notices following appointment
- 51Rights of audience
- 52Right of attendance
- 53Right of attendance for member State liquidator Repealed
- 54Northern Ireland insolvency officeholder’s solicitor
- 55Formal defects
- 56Restriction on concurrent proceedings and remedies
- 57Affidavits
- 58Security in court
- 59Further information and disclosure
- 60Office copies of documents
- Part 11
- Chapter: COSTS AND DETAILED ASSESSMENT
- 61Requirement to assess costs by the detailed procedure
- Part 12
- Chapter: APPEALS IN PROCEEDINGS UNDER THESE REGULATIONS
- 62Appeals from court orders
- 63Procedure on appeals
- Part 13
- Chapter: GENERAL
- 64Notices
- 65“Give notice” etc
- 66Notice, etc. to solicitors
- 67Notice to joint Northern Ireland insolvency officeholders
- 68Forms for use in proceedings under these Regulations
- 69Time
- 70Service by post
- 71General provisions as to service and notice
- 72Service outside the jurisdiction
- 73False claim of status as creditor
- 74The Gazette
- Schedule 3
- Chapter: NOTICES DELIVERED TO THE REGISTRAR
- 1Interpretation
- 2Functions of the registrar
- 3Delivery to registrar of notices
- 4Enforcement of foreign representative’s duty to give notice to registrar
- 5Rectification of the register under court order
- Schedule 4Forms
- Explanatory note