OpenLegislation

Article 10 The FMI administration order

Original text. Later amendments are not shown.

(1)

Where the court makes an FMI administration order, the court’s order must be headed “FMI administration order” and must contain the following—

(a)

the name of the court in which the order is made;

(b)

the name and title of the judge making the order;

(c)

identification details for the infrastructure company;

(d)

the address for service of the Bank (as the applicant);

(e)

details of any other parties (including the infrastructure company) appearing and of persons by whom those parties are represented;

(f)

an order that while the order is in force the affairs, business and property of the infrastructure company are to be managed by the FMI administrator;

(g)

the name of the person appointed as the FMI administrator and that person’s IP number;

(h)

an order that that person is appointed as FMI administrator of the infrastructure company;

(i)

the date of the order (and, if the court so orders, the time);

(j)

a statement that the court is satisfied either that the Council Regulation (EC) No. 1346/2000 on insolvency proceedingsf1 does not apply or that it does;

(k)

where that Council Regulation does apply, a statement whether the FMI administration proceedings are main, secondary or territorial proceedings; and

(l)

such other provisions as the court thinks just.

(2)

Where two or more FMI administrators are appointed, the order must also specify (as required by paragraph 100(2) of Schedule B1)—

(a)

which functions, if any, are to be exercised by those persons acting jointly; and

(b)

which functions, if any, are to be exercised by any or all of those persons.

Annotations

Footnotes

f1

OJ L 160, 30.6.2000, p. 1-18.