The Cross-Border Insolvency Regulations 2006

1Citation, commencement and interpretation

2UNCITRAL Model Law to have force of law

3Modification of British insolvency law

4Procedural matters in England and Wales

5Procedural matters in Scotland

6Notices delivered to the registrar of companies

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

8Disapplication of section 388 of the Insolvency Act 1986

SCHEDULE 1UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY

CHAPTER IGeneral Provisions

Article 1. Scope of Application

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

2This Law does not apply to a proceeding concerning—

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

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) “owner’s powers” means the powers described...

Article 2. Definitions

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

Article 4. Competent court

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

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

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

Article 5. Authorisation of British 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 Great Britain

Article 9. Right of direct access

Article 10. Limited jurisdiction

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

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

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

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

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

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

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

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

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

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

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

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

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

4The provisions of articles 15 to 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 of...

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

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

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

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) of this article shall affect...

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 of this article, upon...

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

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

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

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

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

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

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

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

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

CHAPTER IVCooperation with Foreign Courts and Foreign Representatives

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

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

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

Article 27. Forms of cooperation

CHAPTER VConcurrent Proceedings

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

Article 29. Coordination of a proceeding under British 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 IN ENGLAND AND WALES

PART 1Introductory Provisions

1Interpretation

PART 2Applications 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 3Applications 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 4Replacement 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 5Reviews 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 6Court Procedure and Practice with Regard to Principal Applications 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

26Notification and advertisement of order

27Adjournment of hearing; directions

PART 7Applications to the Chief Land Registrar

28Applications to Chief Land Registrar following court orders

PART 8Misfeasance

29Misfeasance by foreign representative

PART 9General 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

38Transfer of proceedings within the High Court

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

40Shorthand writers

41Enforcement procedures

42Title of proceedings

43Court records

44Inspection of records

45File of court proceedings

46Right to inspect the file

47Copies of court orders

48Filing of Gazette notices and advertisements

49Persons incapable of managing their affairs—introductory

50Appointment of another person to act

51Affidavit in support of application

52Service of notices following appointment

53Rights of audience

54Right of attendance

55Right of attendance for member State liquidator

56British insolvency officeholder’s solicitor

57Formal defects

58Restriction on concurrent proceedings and remedies

60Security in court

61Further information and disclosure

62Office copies of documents

63“The court”

PART 10Costs and Detailed Assessment

64Requirement to assess costs by the detailed procedure

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

66Final costs certificate

PART 11Appeals in Proceedings under these Regulations

67Appeals from court orders

68Procedure on appeals

70“Give notice” etc.

71Notice, etc. to solicitors

72Notice to joint British insolvency officeholders

73Forms for use in proceedings under these Regulations

75Service by post

76General provisions as to service and notice

77Service outside the jurisdiction

78False claim of status as creditor

SCHEDULE 3PROCEDURAL MATTERS IN SCOTLAND

PART 1Interpretation

1Interpretation

PART 2The Foreign Representative

2Application for confirmation of status of replacement foreign representative

3Misfeasance by a foreign representative

PART 3Court Procedure and Practice

4Preliminary and interpretation

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

7Notification and advertisement of order

8Registration of court order

9Right to inspect court process

10Copies of court orders

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

12Giving of notices, etc

13Sending by post

14Certificate of giving notice, etc

15Forms for use in proceedings under these Regulations

SCHEDULE 4NOTICES DELIVERED TO THE REGISTRAR OF COMPANIES

1Interpretation

2Functions of the registrar of companies

3Registrar of companies to whom notices to be delivered

4Delivery to registrar of notices

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

6Rectification of the register under court order

SCHEDULE 5FORMS

2006 No. 1030

INSOLVENCYCOMPANIESINDIVIDUALS

The Cross-Border Insolvency Regulations 2006

Made3rd April 2006

Coming into force4th April 2006

These Regulations are made in exercise of the powers conferred by section 14 of the Insolvency Act 20001.

In accordance with section 14(6) of that Act, the Lord Chancellor and the Scottish Ministers have agreed to the making of these Regulations.

A draft of these Regulations has been laid before Parliament in accordance with section 14(5) of that Act and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Regulations: