The Cross-Border Insolvency Regulations 2006

1. Introductory Text

2. 1. Citation, commencement and interpretation

3. 2. UNCITRAL Model Law to have force of law

4. 3. Modification of British insolvency law

5. 4. Procedural matters in England and Wales

6. 5. Procedural matters in Scotland

7. 6. Notices delivered to the registrar of companies

8. 7. Co-operation between courts exercising jurisdiction in relation to cross-border insolvency

9. 8. Disapplication of section 388 of the Insolvency Act 1986

10. Signature

11. 1. SCHEDULE 1

       UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY

       1. CHAPTER I General Provisions

          1. Article 1. Scope of Application

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

             2. 2. This Law does not apply to a proceeding concerning—

             3. 3. In paragraph 2 of this article— (a) in sub-paragraph (j)...

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

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

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

             7. 7. In paragraph 6— (a) “owner’s powers” means the powers described...

          2. Article 2. Definitions

          3. Article 3. International obligations of Great Britain under the EC Insolvency Regulation

          4. Article 4. Competent court

             1. 1. The functions referred to in this Law relating to recognition...

             2. 2. Subject to paragraph 1 of this article, the court in...

             3. 3. In considering whether it is the appropriate forum to hear...

          5. Article 5. Authorisation of British insolvency officeholders to act in a foreign State

          6. Article 6. Public policy exception

          7. Article 7. Additional assistance under other laws

          8. Article 8. Interpretation

       2. CHAPTER II Access of Foreign Representatives and Creditors to Courts in Great Britain

          1. Article 9. Right of direct access

          2. Article 10. Limited jurisdiction

          3. Article 11. Application by a foreign representative to commence a proceeding under British insolvency law

          4. Article 12. Participation of a foreign representative in a proceeding under British insolvency law

          5. Article 13. Access of foreign creditors to a proceeding under British insolvency law

             1. 1. Subject to paragraph 2 of this article, foreign creditors have...

             2. 2. Paragraph 1 of this article does not affect the ranking...

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

          6. Article 14. Notification to foreign creditors of a proceeding under British insolvency law

             1. 1. Whenever under British insolvency law notification is to be given...

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

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

             4. 4. In this article “the court” means the court which has...

       3. CHAPTER III Recognition of a Foreign Proceeding and Relief

          1. Article 15. Application for recognition of a foreign proceeding

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

             2. 2. An application for recognition shall be accompanied by—

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

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

          2. Article 16. Presumptions concerning recognition

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

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

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

          3. Article 17. Decision to recognise a foreign proceeding

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

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

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

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

          4. Article 18. Subsequent information

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

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

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

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

          6. Article 20. Effects of recognition of a foreign main proceeding

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

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

             3. 3. Without prejudice to paragraph 2 of this article, the stay...

             4. 4. Paragraph 1(a) of this article does not affect the right...

             5. 5. Paragraph 1 of this article does not affect the right...

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

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

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

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

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

             4. 4. No stay under paragraph 1(a) of this article shall affect...

          8. Article 22. Protection of creditors and other interested persons

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

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

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

          9. Article 23. Actions to avoid acts detrimental to creditors

             1. 1. Subject to paragraphs 6 and 9 of this article, upon...

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

             3. 3. The modifications referred to in paragraph 2 of this article...

             4. 4. For the purposes of paragraph 3 of this article, the...

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

             6. 6. At any time when a proceeding under British insolvency law...

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

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

             9. 9. Nothing in paragraph 1 of this article shall apply in...

          10. Article 24. Intervention by a foreign representative in proceedings in Great Britain

       4. CHAPTER IV Cooperation with Foreign Courts and Foreign Representatives

          1. Article 25. Cooperation and direct communication between a court of Great Britain and foreign courts or foreign representatives

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

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

          2. Article 26. Cooperation and direct communication between the British insolvency officeholder and foreign courts or foreign representatives

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

             2. 2. The British insolvency officeholder is entitled, in the exercise of...

          3. Article 27. Forms of cooperation

       5. CHAPTER V Concurrent Proceedings

          1. Article 28. Commencement of a proceeding under British insolvency law after recognition of a foreign main proceeding

          2. Article 29. Coordination of a proceeding under British insolvency law and a foreign proceeding

          3. Article 30. Coordination of more than one foreign proceeding

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

          5. Article 32. Rule of payment in concurrent proceedings

    2. SCHEDULE 2

       PROCEDURAL MATTERS IN ENGLAND AND WALES

       1. PART 1 Introductory Provisions

          1. 1. Interpretation

       2. PART 2 Applications to Court for Recognition of Foreign Proceedings

          1. 2. Affidavit in support of recognition application

          2. 3. Form and content of application

          3. 4. Contents of affidavit in support

          4. 5. The hearing and powers of court

          5. 6. Notification of subsequent information

       3. PART 3 Applications for Relief under the Model Law

          1. 7. Application for interim relief—affidavit in support

          2. 8. Service of interim relief application not required

          3. 9. The hearing and powers of court

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

          5. 11. The hearing and powers of court

       4. PART 4 Replacement of Foreign Representative

          1. 12. Application for confirmation of status of replacement foreign representative

          2. 13. Contents of application and affidavit in support

          3. 14. The hearing and powers of court

       5. PART 5 Reviews of Court Orders

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

          2. 16. Review application—affidavit in support

          3. 17. Hearing of review application and powers of the court

       6. PART 6 Court Procedure and Practice with Regard to Principal Applications and Orders

          1. 18. Preliminary and interpretation

          2. 19. Form and contents of application

          3. 20. Filing of application

          4. 21. Service of the application

          5. 22. Manner in which service to be effected

          6. 23. Proof of service

          7. 24. In case of urgency

          8. 25. The hearing

          9. 26. Notification and advertisement of order

          10. 27. Adjournment of hearing; directions

       7. PART 7 Applications to the Chief Land Registrar

          1. 28. Applications to Chief Land Registrar following court orders

       8. PART 8 Misfeasance

          1. 29. Misfeasance by foreign representative

       9. PART 9 General Provision as to Court Procedure and Practice

          1. 30. Principal court rules and practice to apply with modifications

          2. 31. Applications other than the principal applications—preliminary

          3. 32. Form and contents of application

          4. 33. Filing and service of application

          5. 34. Other hearings ex parte

          6. 35. Use of affidavit evidence

          7. 36. Filing and service of affidavits

          8. 37. Adjournment of hearings; directions

          9. 38. Transfer of proceedings within the High Court

          10. 39. Transfer of proceedings—actions to avoid acts detrimental to creditors

          11. 40. Shorthand writers

          12. 41. Enforcement procedures

          13. 42. Title of proceedings

          14. 43. Court records

          15. 44. Inspection of records

          16. 45. File of court proceedings

          17. 46. Right to inspect the file

          18. 47. Copies of court orders

          19. 48. Filing of Gazette notices and advertisements

          20. 49. Persons incapable of managing their affairs—introductory

          21. 50. Appointment of another person to act

          22. 51. Affidavit in support of application

          23. 52. Service of notices following appointment

          24. 53. Rights of audience

          25. 54. Right of attendance

          26. 55. Right of attendance for member State liquidator

          27. 56. British insolvency officeholder’s solicitor

          28. 57. Formal defects

          29. 58. Restriction on concurrent proceedings and remedies

          30. 59. Affidavits

          31. 60. Security in court

          32. 61. Further information and disclosure

          33. 62. Office copies of documents

          34. 63. “The court”

       10. PART 10 Costs and Detailed Assessment

           1. 64. Requirement to assess costs by the detailed procedure

           2. 65. Costs of officers charged with execution of writs or other process

           3. 66. Final costs certificate

       11. PART 11 Appeals in Proceedings under these Regulations

           1. 67. Appeals from court orders

           2. 68. Procedure on appeals

       12. PART 12 General

           1. 69. Notices

           2. 70. “Give notice” etc.

           3. 71. Notice, etc. to solicitors

           4. 72. Notice to joint British insolvency officeholders

           5. 73. Forms for use in proceedings under these Regulations

           6. 74. Time limits

           7. 75. Service by post

           8. 76. General provisions as to service and notice

           9. 77. Service outside the jurisdiction

           10. 78. False claim of status as creditor

           11. 79. The Gazette

    3. SCHEDULE 3

       PROCEDURAL MATTERS IN SCOTLAND

       1. PART 1 Interpretation

          1. 1. Interpretation

       2. PART 2 The Foreign Representative

          1. 2. Application for confirmation of status of replacement foreign representative

          2. 3. Misfeasance by a foreign representative

       3. PART 3 Court Procedure and Practice

          1. 4. Preliminary and interpretation

          2. 5. Reviews of court orders—where court makes order of its own motion

          3. 6. The hearing

          4. 7. Notification and advertisement of order

          5. 8. Registration of court order

          6. 9. Right to inspect court process

          7. 10. Copies of court orders

          8. 11. Transfer of proceedings—actions to avoid acts detrimental to creditors

       4. PART 3 General

          1. 12. Giving of notices, etc

          2. 13. Sending by post

          3. 14. Certificate of giving notice, etc

          4. 15. Forms for use in proceedings under these Regulations

    4. SCHEDULE 4

       NOTICES DELIVERED TO THE REGISTRAR OF COMPANIES

       1. 1. Interpretation

       2. 2. Functions of the registrar of companies

       3. 3. Registrar of companies to whom notices to be delivered

       4. 4. Delivery to registrar of notices

       5. 5. Enforcement of foreign representative’s duty to give notice to registrar

       6. 6. Rectification of the register under court order

    5. SCHEDULE 5

       FORMS

12. Explanatory Note