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The Cross-Border Insolvency Regulations 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110741587

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 14 of the Insolvency Act 2000, for approval by resolution of each House of Parliament.

INSOLVENCY

COMPANIES

INDIVIDUALS

Made 2006

Coming into force 2006

These Regulations are made in exercise of the powers conferred by section 14 of the Insolvency Act 2000f1.

In accordance with section 14(6) of that Act, the Lord Chancellor and the Scottish Ministers have agreed to the making of these Regulations.

A draft of these Regulations has been laid before Parliament in accordance with section 14(5) of that Act and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2000 c. 39.

Contents

  1. 1Citation, commencement and interpretation
  2. 2UNCITRAL Model Law to have force of law
  3. 3Modification of British insolvency law
  4. 4Procedural matters in England and Wales
  5. 5Procedural matters in Scotland
  6. 6Notices delivered to the registrar of companies
  7. 7Co-operation between courts exercising jurisdiction in relation to cross-border insolvency
  8. 8Disapplication of section 388 of the Insolvency Act 1986
  9. Signature
  10. Schedule 1: UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY
  11. Part CHAPTER I: General Provisions
  12. Article 1. Scope of Application
  13. 1Paragraph 1
  14. 2Paragraph 2
  15. 3Paragraph 3
  16. 4Paragraph 4
  17. 5Paragraph 5
  18. 6Paragraph 6
  19. 7Paragraph 7
  20. Article 2. Definitions
  21. Article 3. International obligations of Great Britain under the EC Insolvency Regulation
  22. Article 4. Competent court
  23. 1Paragraph 1
  24. 2Paragraph 2
  25. 3Paragraph 3
  26. Article 5. Authorisation of British insolvency officeholders to act in a foreign State
  27. Article 6. Public policy exception
  28. Article 7. Additional assistance under other laws
  29. Article 8. Interpretation
  30. Part CHAPTER II: Access of Foreign Representatives and Creditors to Courts in Great Britain
  31. Article 9. Right of direct access
  32. Article 10. Limited jurisdiction
  33. Article 11. Application by a foreign representative to commence a proceeding under British insolvency law
  34. Article 12. Participation of a foreign representative in a proceeding under British insolvency law
  35. Article 13. Access of foreign creditors to a proceeding under British insolvency law
  36. 1Paragraph 1
  37. 2Paragraph 2
  38. 3Paragraph 3
  39. Article 14. Notification to foreign creditors of a proceeding under British insolvency law
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. Part CHAPTER III: Recognition of a Foreign Proceeding and Relief
  45. Article 15. Application for recognition of a foreign proceeding
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. 3Paragraph 3
  49. 4Paragraph 4
  50. Article 16. Presumptions concerning recognition
  51. 1Paragraph 1
  52. 2Paragraph 2
  53. 3Paragraph 3
  54. Article 17. Decision to recognise a foreign proceeding
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. Article 18. Subsequent information
  60. Article 19. Relief that may be granted upon application for recognition of a foreign proceeding
  61. 1Paragraph 1
  62. 2Paragraph 2
  63. 3Paragraph 3
  64. Article 20. Effects of recognition of a foreign main proceeding
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. Article 21. Relief that may be granted upon recognition of a foreign proceeding
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. 3Paragraph 3
  75. 4Paragraph 4
  76. Article 22. Protection of creditors and other interested persons
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. Article 23. Actions to avoid acts detrimental to creditors
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. Article 24. Intervention by a foreign representative in proceedings in Great Britain
  91. Part CHAPTER IV: Cooperation with Foreign Courts and Foreign Representatives
  92. Article 25. Cooperation and direct communication between a court of Great Britain and foreign courts or foreign representatives
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. Article 26. Cooperation and direct communication between the British insolvency officeholder and foreign courts or foreign representatives
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. Article 27. Forms of cooperation
  99. Part CHAPTER V: Concurrent Proceedings
  100. Article 28. Commencement of a proceeding under British insolvency law after recognition of a foreign main proceeding
  101. Article 29. Coordination of a proceeding under British insolvency law and a foreign proceeding
  102. Article 30. Coordination of more than one foreign proceeding
  103. Article 31. Presumption of insolvency based on recognition of a foreign main proceeding
  104. Article 32. Rule of payment in concurrent proceedings
  105. Schedule 2: PROCEDURAL MATTERS IN ENGLAND AND WALES
  106. Part 1: Introductory Provisions
  107. 1Interpretation
  108. Part 2: Applications to Court for Recognition of Foreign Proceedings
  109. 2Affidavit in support of recognition application
  110. 3Form and content of application
  111. 4Contents of affidavit in support
  112. 5The hearing and powers of court
  113. 6Notification of subsequent information
  114. Part 3: Applications for Relief under the Model Law
  115. 7Application for interim relief—affidavit in support
  116. 8Service of interim relief application not required
  117. 9The hearing and powers of court
  118. 10Application for relief under article 21 of the Model Law—affidavit in support
  119. 11The hearing and powers of court
  120. Part 4: Replacement of Foreign Representative
  121. 12Application for confirmation of status of replacement foreign representative
  122. 13Contents of application and affidavit in support
  123. 14The hearing and powers of court
  124. Part 5: Reviews of Court Orders
  125. 15Reviews of court orders—where court makes order of its own motion
  126. 16Review application—affidavit in support
  127. 17Hearing of review application and powers of the court
  128. Part 6: Court Procedure and Practice with Regard to Principal Applications and Orders
  129. 18Preliminary and interpretation
  130. 19Form and contents of application
  131. 20Filing of application
  132. 21Service of the application
  133. 22Manner in which service to be effected
  134. 23Proof of service
  135. 24In case of urgency
  136. 25The hearing
  137. 26Notification and advertisement of order
  138. 27Adjournment of hearing; directions
  139. Part 7: Applications to the Chief Land Registrar
  140. 28Applications to Chief Land Registrar following court orders
  141. Part 8: Misfeasance
  142. 29Misfeasance by foreign representative
  143. Part 9: General Provision as to Court Procedure and Practice
  144. 30Principal court rules and practice to apply with modifications
  145. 31Applications other than the principal applications—preliminary
  146. 32Form and contents of application
  147. 33Filing and service of application
  148. 34Other hearings ex parte
  149. 35Use of affidavit evidence
  150. 36Filing and service of affidavits
  151. 37Adjournment of hearings; directions
  152. 38Transfer of proceedings within the High Court
  153. 39Transfer of proceedings—actions to avoid acts detrimental to creditors
  154. 40Shorthand writers
  155. 41Enforcement procedures
  156. 42Title of proceedings
  157. 43Court records
  158. 44Inspection of records
  159. 45File of court proceedings
  160. 46Right to inspect the file
  161. 47Copies of court orders
  162. 48Filing of Gazette notices and advertisements
  163. 49Persons incapable of managing their affairs—introductory
  164. 50Appointment of another person to act
  165. 51Affidavit in support of application
  166. 52Service of notices following appointment
  167. 53Rights of audience
  168. 54Right of attendance
  169. 55Right of attendance for member State liquidator
  170. 56British insolvency officeholder’s solicitor
  171. 57Formal defects
  172. 58Restriction on concurrent proceedings and remedies
  173. 59Affidavits
  174. 60Security in court
  175. 61Further information and disclosure
  176. 62Office copies of documents
  177. 63“The court”
  178. Part 10: Costs and Detailed Assessment
  179. 64Requirement to assess costs by the detailed procedure
  180. 65Costs of officers charged with execution of writs or other process
  181. 66Final costs certificate
  182. Part 11: Appeals in Proceedings under these Regulations
  183. 67Appeals from court orders
  184. 68Procedure on appeals
  185. Part 12: General
  186. 69Notices
  187. 70“Give notice” etc.
  188. 71Notice, etc. to solicitors
  189. 72Notice to joint British insolvency officeholders
  190. 73Forms for use in proceedings under these Regulations
  191. 74Time limits
  192. 75Service by post
  193. 76General provisions as to service and notice
  194. 77Service outside the jurisdiction
  195. 78False claim of status as creditor
  196. 79The Gazette
  197. Schedule 3: PROCEDURAL MATTERS IN SCOTLAND
  198. Part 1: Interpretation
  199. 1Interpretation
  200. Part 2: The Foreign Representative
  201. 2Application for confirmation of status of replacement foreign representative
  202. 3Misfeasance by a foreign representative
  203. Part 3: Court Procedure and Practice
  204. 4Preliminary and interpretation
  205. 5Reviews of court orders—where court makes order of its own motion
  206. 6The hearing
  207. 7Notification and advertisement of order
  208. 8Registration of court order
  209. 9Right to inspect court process
  210. 10Copies of court orders
  211. 11Transfer of proceedings—actions to avoid acts detrimental to creditors
  212. Part 3: General
  213. 12Giving of notices, etc
  214. 13Sending by post
  215. 14Certificate of giving notice, etc
  216. 15Forms for use in proceedings under these Regulations
  217. Schedule 4: NOTICES DELIVERED TO THE REGISTRAR OF COMPANIES
  218. 1Interpretation
  219. 2Functions of the registrar of companies
  220. 3Registrar of companies to whom notices to be delivered
  221. 4Delivery to registrar of notices
  222. 5Enforcement of foreign representative’s duty to give notice to registrar
  223. 6Rectification of the register under court order
  224. Schedule 5FORMS
  225. Explanatory note