CHAPTER IIRECOGNITION OF INSOLVENCY PROCEEDINGS

Article 24Establishment of insolvency registers

1

Member States shall establish and maintain in their territory one or several registers in which information concerning insolvency proceedings is published (‘insolvency registers’). That information shall be published as soon as possible after the opening of such proceedings.

2

The information referred to in paragraph 1 shall be made publicly available, subject to the conditions laid down in Article 27, and shall include the following (‘mandatory information’):

a

the date of the opening of insolvency proceedings;

b

the court opening insolvency proceedings and the case reference number, if any;

c

the type of insolvency proceedings referred to in Annex A that were opened and, where applicable, any relevant subtype of such proceedings opened in accordance with national law;

d

whether jurisdiction for opening proceedings is based on Article 3(1), 3(2) or 3(4);

e

if the debtor is a company or a legal person, the debtor's name, registration number, registered office or, if different, postal address;

f

if the debtor is an individual whether or not exercising an independent business or professional activity, the debtor's name, registration number, if any, and postal address or, where the address is protected, the debtor's place and date of birth;

g

the name, postal address or e-mail address of the insolvency practitioner, if any, appointed in the proceedings;

h

the time limit for lodging claims, if any, or a reference to the criteria for calculating that time limit;

i

the date of closing main insolvency proceedings, if any;

j

the court before which and, where applicable, the time limit within which a challenge of the decision opening insolvency proceedings is to be lodged in accordance with Article 5, or a reference to the criteria for calculating that time limit.

3

Paragraph 2 shall not preclude Member States from including documents or additional information in their national insolvency registers, such as directors' disqualifications related to insolvency.

4

Member States shall not be obliged to include in the insolvency registers the information referred to in paragraph 1 of this Article in relation to individuals not exercising an independent business or professional activity, or to make such information publicly available through the system of interconnection of those registers, provided that known foreign creditors are informed, pursuant to Article 54, of the elements referred to under point (j) of paragraph 2 of this Article.

Where a Member State makes use of the possibility referred to in the first subparagraph, the insolvency proceedings shall not affect the claims of foreign creditors who have not received the information referred to in the first subparagraph.

5

The publication of information in the registers under this Regulation shall not have any legal effects other than those set out in national law and in Article 55(6).