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Council Regulation (EC) No 1346/2000 (repealed)Show full title
Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (repealed)
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- Revised 26/06/20170.44 MB
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Changes over time for: CHAPTER IV
Version Superseded: 26/06/2017
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There are currently no known outstanding effects for the Council Regulation (EC) No 1346/2000 (repealed), CHAPTER IV.
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CHAPTER IVU.K.PROVISION OF INFORMATION FOR CREDITORS AND LODGEMENT OF THEIR CLAIMS
Article 39U.K.Right to lodge claims
Any creditor who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings, including the tax authorities and social security authorities of Member States, shall have the right to lodge claims in the insolvency proceedings in writing.
Article 40U.K.Duty to inform creditors
1.As soon as insolvency proceedings are opened in a Member State, the court of that State having jurisdiction or the liquidator appointed by it shall immediately inform known creditors who have their habitual residences, domiciles or registered offices in the other Member States.
2.That information, provided by an individual notice, shall in particular include time limits, the penalties laid down in regard to those time limits, the body or authority empowered to accept the lodgement of claims and the other measures laid down. Such notice shall also indicate whether creditors whose claims are preferential or secured in rem need lodge their claims.
Article 41U.K.Content of the lodgement of a claim
A creditor shall send copies of supporting documents, if any, and shall indicate the nature of the claim, the date on which it arose and its amount, as well as whether he alleges preference, security in rem or a reservation of title in respect of the claim and what assets are covered by the guarantee he is invoking.
Article 42U.K.Languages
1.The information provided for in Article 40 shall be provided in the official language or one of the official languages of the State of the opening of proceedings. For that purpose a form shall be used bearing the heading ‘Invitation to lodge a claim. Time limits to be observed’ in all the official languages of the institutions of the European Union.
2.Any creditor who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings may lodge his claim in the official language or one of the official languages of that other State. In that event, however, the lodgement of his claim shall bear the heading ‘Lodgement of claim’ in the official language or one of the official languages of the State of the opening of proceedings. In addition, he may be required to provide a translation into the official language or one of the official languages of the State of the opening of proceedings.
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