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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)
ANNEX I - of the Report of the 30th session of UNCITRAL (A/52/17)

Chapter III. RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

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

(1) Upon recognition of a foreign proceeding, whether main or non-main, where necessary to protect the assets of the debtor or the interests of the creditors, the court may, at the request of the foreign representative, grant any appropriate relief, including:

(a) staying the commencement or continuation of individual actions or individual proceedings concerning the debtor's assets, rights, obligations or liabilities, to the extent they have not been stayed under article 20(1)(a);

(b) staying execution against the debtor's assets to the extent it has not been stayed under article 20(1)(b);

(c) suspending the right to transfer, encumber or otherwise dispose of any assets of the debtor to the extent this right has not been suspended under article 20(1)(c);

(d) providing for the examination of witnesses, the taking of evidence or the delivery of information concerning the debtor's assets, affairs, rights, obligations or liabilities;

(e) entrusting the administration or realization of all or part of the debtor's assets located in this State to the foreign representative or another person designated by the court;

(f) extending relief granted under article 19(1);

(g) granting any additional relief that may be available to [insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State] under the laws of this State.

(2) Upon recognition of a foreign proceeding, whether main or non-main, the court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor's assets located in this State to the foreign representative or another person designated by the court, provided that the court is satisfied that the interests of creditors in this State are adequately protected.

(3) In granting relief under this article to a representative of a foreign non-main proceeding, the court must be satisfied that the relief relates to assets that, under the law of this State, should be administered in the foreign non-main proceeding or concerns information required in that proceeding.


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