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United Nations Model Law on Cross Border Insolvency (1997)
ANNEX I - of the Report of the 30th session of UNCITRAL (A/52/17)
PREAMBLE
Chapter I. GENERAL PROVISIONS
Article 1. Scope of application
Article 2. Definitions
Article 3. International obligations of this State
Article 4. [Competent court or authority](1)
Article 5. Authorization of [insert the title of the person or body administering a reorganization or liquidation under the law of the enacting State] to act in a foreign State
Article 6. Public policy exception
Article 7. Additional assistance under other laws
Article 8. Interpretation
Chapter II. ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN THIS STATE
Article 9. Right of direct access
Article 10. Limited jurisdiction
Article 11. Application by a foreign representative to commence a proceeding under [identify laws of the enacting State relating to insolvency]
Article 12. Participation of a foreign representative in a proceeding under [identify laws of the enacting State relating to insolvency]
Article 13. Access of foreign creditors to a proceeding under [identify laws of the enacting State relating to insolvency]
Article 14. Notification to foreign creditors of a proceeding under [identify laws of the enacting State relating to insolvency]
Chapter III. RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
Article 15. Application for recognition of a foreign proceeding
Article 16. Presumptions concerning recognition
Article 17. Decision to recognize a foreign proceeding
Article 18. Subsequent information
Article 19. Relief that may be granted upon application for recognition of a foreign proceeding
Article 20. Effects of recognition of a foreign main proceeding
Article 21. Relief that may be granted upon recognition of a foreign proceeding
Article 22. Protection of creditors and other interested persons
Article 23. Actions to avoid acts detrimental to creditors
Article 24. Intervention by a foreign representative in proceedings in this State
Chapter IV. COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
Article 25. Cooperation and direct communication between a court of this State and foreign courts or foreign representatives
Article 26. Cooperation and direct communication between the [insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State] and foreign courts or foreign representatives
Article 27. Forms of cooperation
Chapter V. CONCURRENT PROCEEDINGS
Article 28. Commencement of a proceeding under [identify laws of the enacting State relating to insolvency] after recognition of a foreign main proceeding
Article 29. Coordination of a proceeding under [identify laws of the enacting State relating to insolvency] 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
Metadata
SiSU Metadata, document information
Manifest
SiSU Manifest, alternative outputs etc.
United Nations Model Law on Cross Border Insolvency (1997)
United Nations (UN)
copy @ Lex Mercatoria
United Nations Model Law on Cross Border Insolvency (1997)
Chapter I. GENERAL PROVISIONS
For the purposes of this Law:
(a) "foreign proceeding" means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation;
(b) "foreign main proceeding" means a foreign proceeding taking place in the State where the debtor has the centre of its main interests;
(c) "foreign non-main proceeding" means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of this article;
(d) "foreign representative" means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding;
(e) "foreign court" means a judicial or other authority competent to control or supervise a foreign proceeding;
(f) "establishment" means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods or services.
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