- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
21.2.—(1) This rule applies where a member State liquidator in main proceedings applies to the court under Article 37 of the EC Regulation for—
(a)conversion into winding-up proceedings of a CVA or an administration, or
(b)conversion of an IVA into a bankruptcy.
(2) A witness statement made by or on behalf of the member State liquidator must be filed with the court in support of the application.
(3) The witness statement must state—
(a)that main proceedings have been opened in relation to the company or, as the case may be, the debtor in a member State other than the United Kingdom;
(b)the belief of the person making the statement that the conversion of the CVA or administration into winding-up proceedings or the IVA into a bankruptcy would prove to be in the interests of the creditors in the main proceedings;
(c)where the application is for conversion into winding-up proceedings of a CVA or an administration, in the opinion of the person making the statement, into which proceedings the CVA or administration should be converted; and
(d)all other matters that, in the opinion of the member State liquidator, would assist the court in—
(i)deciding whether to make such an order, and
(ii)considering whether and, if so, what consequential provision to include.
(4) The application and the witness statement must be served upon—
(a)the company or the debtor, as the case may be; and
(b)the supervisor or the administrator, as the case may be.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: