http://www.legislation.gov.uk/nisr/2007/115/contents

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

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INSOLVENCY

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2024-05-20

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2011-04-22

On 30th May 1997 the United Nations Commission on International Trade Law (“UNCITRAL”) adopted the text of a model law on cross-border insolvency, which was approved by a resolution of the United Nations General Assembly on 15th December 1997. These Regulations give effect to the model law in Northern Ireland.

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 1(3)(b)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 238

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 2(b)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 239(a)

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 2(k)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 239(b)(i)

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 2(k)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 239(b)(ii)

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 3

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 240

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 16(2A)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 241(a)

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 16(3)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 241(b)

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 1(1)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 243

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 4(2)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 244

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2 para. 6(2)(b) and word

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 245

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 21(2)(e)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 246

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 25(1)(e)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 247

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 26(3)(c)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 248

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 44(1)(f)

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 249

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 53

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 250

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 4

Form ML6

The Insolvency (Amendment) (EU Exit) Regulations 2019

Sch.

para. 252

reg. 4

reg. 1(3)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 1(6)

(6A)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 124(a)(i)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 1(7)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 124(a)(ii)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 21(2)(h)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 124(b)(i)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 21(2)(i)

(j)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 124(b)(ii)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 25(1)(i)

(ia)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 124(c)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2

para. 26(3)(g)

(ga)

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

Sch. 2

para. 124(d)

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 1

art. 2(b)

The Insolvency Amendment (EU 2015/848) Regulations 2017

Sch.

para. 144(2)

reg. 3

reg. 1

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2 para. (1)(1)

The Insolvency Amendment (EU 2015/848) Regulations 2017

Sch.

para. 144(3)(a)

reg. 3

reg. 1

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 2 para. (1)(1)

The Insolvency Amendment (EU 2015/848) Regulations 2017

Sch.

para. 144(3)(b)

reg. 3

reg. 1

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Sch. 5

para. 5

Third Parties (Rights against Insurers) Act 2010

Sch. 2

para. 5

s. 21(2)

art. 2

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

1Citation and commencement

2Interpretation

3UNCITRAL Model Law to have force of law

4Modification of Northern Ireland insolvency law

5Procedural matters

6Notices delivered to the registrar of companies

7Disapplication of Article 3 of the Insolvency (Northern Ireland) Order 1989

SCHEDULE 1UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY

PART 1GENERAL PROVISIONS

Article 1. Scope of Application

1This Law applies where— (a) assistance is sought in Northern...

2This Law does not apply to a proceeding concerning—

3In paragraph 2 — (a) in sub-paragraph (e) the reference...

4The court shall not grant any relief, or modify any...

5Where a foreign proceeding regarding a debtor who is an...

6Any suspension under this Law of the right to transfer,...

7In paragraph 6— (a) “registered charge” and “estate” have the...

Article 2. Definitions

Article 3. International obligations of Northern Ireland under the EC Insolvency Regulation

Article 4. Competent court

Article 5. Authorisation of Northern Ireland insolvency officeholders to act in a foreign state

Article 6. Public policy exception

Article 7. Additional assistance under other laws

Article 8. Interpretation

CHAPTER IIACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN NORTHERN IRELAND

Article 9. Right of direct access

Article 10. Limited jurisdiction

Article 11. Application by a foreign representative to commence a proceeding under Northern Ireland insolvency law

Article 12. Participation of a foreign representative in a proceeding under Northern Ireland insolvency law

Article 13. Access of foreign creditors to a proceeding under Northern Ireland insolvency law

1Subject to paragraph 2, foreign creditors have the same rights...

2Paragraph 1 does not affect the ranking of claims in...

3A claim may not be challenged solely on the grounds...

Article 14. Notification to foreign creditors of a proceeding under Northern Ireland insolvency law

1Whenever under Northern Ireland insolvency law notification is to be...

2Such notification shall be made to the foreign creditors individually,...

3When notification of a right to file a claim is...

CHAPTER IIIRECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

Article 15. Application for recognition of a foreign proceeding

1A foreign representative may apply to the court for recognition...

2An application for recognition shall be accompanied by—

3An application for recognition shall also be accompanied by a...

4The foreign representative shall provide the court with a translation...

Article 16. Presumptions concerning recognition

1If the decision or certificate referred to in paragraph 2...

2The court is entitled to presume that documents submitted in...

3In the absence of proof to the contrary, the debtor’s...

Article 17. Decision to recognise a foreign proceeding

1Subject to article 6, a foreign proceeding shall be recognised...

2The foreign proceedings shall be recognised— (a) as a foreign...

3An application for recognition of a foreign proceeding shall be...

4The provisions of articles 15 and 16, this article and...

Article 18. Subsequent information

Article 19. Relief that may be granted upon application for recognition of a foreign proceeding

1From the time of filing an application for recognition until...

2Unless extended under paragraph 1(f) of article 21, the relief...

3The court may refuse to grant relief under this article...

Article 20. Effects of recognition of a foreign main proceeding

1Upon recognition of a foreign proceeding that is a foreign...

2The stay and suspension referred to in paragraph 1 shall...

3Without prejudice to paragraph 2, the stay and suspension referred...

4Paragraph 1(a) does not affect the right to—

5Paragraph 1 does not affect the right to request or...

6In addition to and without prejudice to any powers of...

Article 21. Relief that may be granted upon recognition of a foreign proceeding

1Upon recognition of a foreign proceeding, whether main or non-main,...

2Upon recognition of a foreign proceeding, whether main or non-main,...

3In granting relief under this article to a representative of...

4No stay under paragraph 1(a) shall affect the right to...

Article 22. Protection of creditors and other interested persons

1In granting or denying relief under article 19 or 21,...

2The court may subject relief granted under article 19 or...

3The court may, at the request of the foreign representative...

Article 23. Actions to avoid acts detrimental to creditors

1Subject to paragraphs 6 and 9, upon recognition of a...

2Where the foreign representative makes such an application (“an article...

3The modifications referred to in paragraph 2 are as follows—...

4For the purposes of paragraph 3, the date of the...

5When the foreign proceeding is a foreign non-main proceeding, the...

6At any time when a proceeding under Northern Ireland insolvency...

7On making an order on an article 23 application, the...

8Nothing in this article affects the right of a Northern...

9Nothing in paragraph 1 shall apply in respect of any...

Article 24. Intervention by a foreign representative in proceedings in Northern Ireland

CHAPTER IVCOOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES

Article 25. Cooperation and direct communication between the court in Northern Ireland and foreign courts or foreign representatives

1In matters referred to in paragraph 1 of article 1,...

2The court is entitled to communicate directly with, or to...

Article 26. Cooperation and direct communication between the Northern Ireland insolvency officeholder and foreign courts or foreign representatives

1In matters referred to in paragraph 1 of article 1,...

2The Northern Ireland insolvency officeholder is entitled, in the exercise...

Article 27. Forms of cooperation

CHAPTER VCONCURRENT PROCEEDINGS

Article 28. Commencement of a proceeding under Northern Ireland insolvency law after recognition of a foreign main proceeding

Article 29. Coordination of a proceeding under Northern Ireland insolvency law and a foreign proceeding

Article 30. Coordination of more than one foreign proceeding

Article 31.Presumption of insolvency based on recognition of a foreign main proceeding

Article 32. Rule of payment in concurrent proceedings

SCHEDULE 2PROCEDURAL MATTERS

PART 2INTRODUCTORY PROVISIONS

1(1) In this Schedule— “the 1989 Order” means the Insolvency...

PART 3

APPLICATIONS TO COURT FOR RECOGNITION OF FOREIGN PROCEEDINGS

2Affidavit in support of recognition application

3Form and content of application

4Contents of affidavit in support

5The hearing and powers of court

6Notification of subsequent information

PART 4

APPLICATION FOR RELIEF UNDER THE MODEL LAW

7Application for interim relief—affidavit in support

8Service of interim relief application not required

9The hearing and powers of court

10Application for relief under article 21 of the Model Law—affidavit in support

11The hearing and powers of court

PART 5

REPLACEMENT OF FOREIGN REPRESENTATIVE

12Application for confirmation of status of replacement foreign representative

13Contents of application and affidavit in support

14The hearing and powers of court

PART 6

REVIEWS OF COURT ORDERS

15Reviews of court orders—where court makes order of its own motion

16Review application—affidavit in support

17Hearing of review application and powers of the court

PART 7

COURT PROCEDURE AND PRACTICE WITH REGARD TO PRINCIPAL APPLICATION AND ORDERS

18Preliminary and interpretation

19Form and contents of application

20Filing of application

21Service of the application

22Manner in which service to be effected

23Proof of service

24In case of urgency

25The hearing

26Notification and advertisement of order

27Adjournment of hearing; directions

PART 8

UNREGISTERED AND REGISTERED LAND

28Registration of court order

PART 9

MISFEASANCE

29Misfeasance by foreign representative

PART 10

GENERAL PROVISION AS TO COURT PROCEDURE AND PRACTICE

30Principal court rules and practice to apply with modifications

31Applications other than the principal applications—preliminary

32Form and contents of application

33Filing and service of application

34Other hearings ex parte

35Use of affidavit evidence

36Filing and service of affidavits

37Adjournment of hearings; directions

38Shorthand writers

39Enforcement procedures

40Title of proceedings

41Court records

42Inspection of records

43File of court proceedings

44Right to inspect the file

45Copies of court orders

46Filing of Gazette notices and advertisements

47Persons incapable of managing their affairs—introductory

48Appointment of another person to act

49Affidavit in support of application

50Service of notices following appointment

51Rights of audience

52Right of attendance

53Right of attendance for member State liquidator

54Northern Ireland insolvency officeholder’s solicitor

55Formal defects

56Restriction on concurrent proceedings and remedies

57Affidavits

58Security in court

59Further information and disclosure

60Office copies of documents

PART 11

COSTS AND DETAILED ASSESSMENT

61Requirement to assess costs by the detailed procedure

PART 12

APPEALS IN PROCEEDINGS UNDER THESE REGULATIONS

62Appeals from court orders

63Procedure on appeals

66Notice, etc. to solicitors

67Notice to joint Northern Ireland insolvency officeholders

68Forms for use in proceedings under these Regulations

69Time

70Service by post

71General provisions as to service and notice

72Service outside the jurisdiction

73False claim of status as creditor

74The Gazette

SCHEDULE 3

NOTICES DELIVERED TO THE REGISTRAR

1Interpretation

2Functions of the registrar

3Delivery to registrar of notices

4Enforcement of foreign representative’s duty to give notice to registrar

5Rectification of the register under court order

SCHEDULE 4Forms

2007 No. 115

INSOLVENCY

The Cross-Border Insolvency Regulations (Northern Ireland) 2007

Made23rd February 2007

Coming into operation12th April 2007

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

The Department of Enterprise, Trade and Investment 1, with the agreement of the Lord Chancellor, makes the following Regulations in exercise of the powers conferred by Article 11 of the Insolvency (Northern Ireland) Order 20022:C1

Annotations:

Modifications etc. (not altering text)

Rules excluded in part (6.3.2008) by The Regulated Covered Bonds Regulations 2008 (S.I. 2008/346), Sch. para. 12