Article 2 Definitions

For the purposes of this Regulation:

1. (1)

   F1...

2. (1A)

   F2“Member State” means a state which is a member of the EU other than Denmark;

3. (2)

   ‘collective investment undertakings’ means undertakings for collective investment in transferable securities (UCITS) as defined in Directive 2009/65/EC of the European Parliament and of the Council^f1 and alternative investment funds (AIFs) as defined in Directive 2011/61/EU of the European Parliament and of the Council^f2;

4. (3)

   F3...

5. (4)

   ‘insolvency proceedings’ means the proceedings F4listed in Article 1(1B) which there is jurisdiction to open under Article 1(1A) and includes interim proceedings;

6. (5)

   ‘insolvency practitioner’ means any person or body whose function, including on an interim basis, is to:

   1. (i)

      verify and admit claims submitted in insolvency proceedings;

   2. (ii)

      represent the collective interest of the creditors;

   3. (iii)

      administer, either in full or in part, assets of which the debtor has been divested;

   4. (iv)

      liquidate the assets referred to in point (iii); or

   5. (v)

      supervise the administration of the debtor's affairs.

   The persons and bodies referred to in the first subparagraph are listed in Annex B;

7. (6)

   ‘court’ means:

   1. (i)

      F5...

   2. (ii)

      F6... the judicial body or any other competent body ... empowered to open insolvency proceedings, to confirm such opening or to take decisions in the course of such proceedings;

8. (7)

   ‘judgment opening insolvency proceedings’ includes:

   1. (i)

      the decision of any court to open insolvency proceedings or to confirm the opening of such proceedings; and

   2. (ii)

      the decision of a court to appoint an insolvency practitioner;

9. (8)

   ‘the time of the opening of proceedings’ means the time at which the judgment opening insolvency proceedings becomes effective, regardless of whether the judgment is final or not;

10. (9)

    F7...

11. (10)

    ‘establishment’ means any place of operations where a debtor carries out or has carried out in the 3-month period prior to the request to open F8... insolvency proceedings a non-transitory economic activity with human means and assets;

12. (11)

    F9...

13. (12)

    ...

14. (13)

    ...

15. (14)

    ...