Rule 1.7 Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.F8

Where these Rules require reasons to be given for a statement that proceedings are or will be F1COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply, the reasons must include F2as applicable—

(a)

for a company—

(i)

the centre of main interests,

(ii)

the place of the registered office within the meaning of Article 3(1) of the F3EU Regulation and where appropriate an explanation why this is not the same as the centre of main interests, F4...

F5(iia)

the place where there is an establishment within the jurisdiction, or

(iii)

that there is no registered office if that be the case in F6proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply;

F7(b)

for a debtor—

(i)

the centre of main interests, or

(ii)

the place where there is an establishment within the jurisdiction.

Annotations

Textual amendments

F1: Words in rule 1.7 substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(3) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in rule 1.7 inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(3) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in rule 1.7(a)(ii) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 23(4)
F4: Word in rule 1.7(a)(ii) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(4)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F5: Rule 1.7(a)(iia) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(4)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in rule 1.7(a)(iii) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(4)(c) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F7: Rule 1.7(b) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(5) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F8: Rule 1.7 heading substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 48(2) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)