Article 1.8 Reasons for stating whether proceedings are or will be COMI proceedings, establishment proceedings etc.F5

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)

the company's centre of main interests;

(b)

the place of the company's registered office within the meaning of Article 3(1) of the EU Regulation and where appropriate an explanation why this is not the same as the centre of main interests;

F3(ba)

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

(c)

a statement that there is no registered office if that be the case in F4proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply.

Annotations

Textual amendments

F1: Words in rule 1.8 substituted (31.12.2020) by S.I. 2019/146, Sch. para. 137C(3) (as inserted by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1))
F2: Words in rule 1.8 inserted (31.12.2020) by S.I. 2019/146, Sch. para. 137C(3) (as inserted by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1))
F3: Rule 1.8(ba) inserted by S.I. 2019/146, Sch. para. 137C(4) (as inserted by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1))
F4: Rule 1.8(c) substituted (31.12.2020) by S.I. 2019/146, Sch. para. 137C(5) (as inserted by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1))
F5: Rule 1.8 heading substituted (31.12.2020) by S.I. 2019/146, Sch. para. 137C(2) (as inserted by The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1459), reg. 1(2), Sch. para. 6; 2020 c. 1, Sch. 5 para. 1(1))