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Regulation (EU) 2015/848 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)
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- Revised 26/07/20180.53 MB
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Article 3U.K.[F1Centre of main interests]
1.F2...The centre of main interests shall be the place where the debtor conducts the administration of its interests on a regular basis and which is ascertainable by third parties.
In the case of a company or legal person, the place of the registered office shall be presumed to be the centre of its main interests in the absence of proof to the contrary. That presumption shall only apply if the registered office has not been moved [F3from the United Kingdom to a Member State or to the United Kingdom from a Member State] within the 3-month period prior to the request for the opening of insolvency proceedings.
In the case of an individual exercising an independent business or professional activity, the centre of main interests shall be presumed to be that individual's principal place of business in the absence of proof to the contrary. That presumption shall only apply if the individual's principal place of business has not been moved [F4from the United Kingdom to a Member State or to the United Kingdom from a Member State] within the 3-month period prior to the request for the opening of insolvency proceedings.
In the case of any other individual, the centre of main interests shall be presumed to be the place of the individual's habitual residence in the absence of proof to the contrary. This presumption shall only apply if the habitual residence has not been moved [F5from the United Kingdom to a Member State or to the United Kingdom from a Member State] within the 6-month period prior to the request for the opening of insolvency proceedings.
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Textual Amendments
F1Art. 3 heading substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 4(2) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 3(1) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 4(3)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 3(1) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 4(3)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 3(1) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 4(3)(c) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 3(1) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 4(3)(d) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 3(2)-(4) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 4(4) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
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