The Cross-Border Insolvency Regulations (Northern Ireland) 2007

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

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

5. 4. Modification of Northern Ireland insolvency law

6. 5. Procedural matters

7. 6. Notices delivered to the registrar of companies

8. 7. Disapplication of Article 3 of the Insolvency (Northern Ireland) Order 1989

9. Signature

10. 1. SCHEDULE 1

       UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY

       1. PART 1 GENERAL PROVISIONS

          1. Article 1. Scope of Application

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

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

             3. 3. In paragraph 2 — (a) in sub-paragraph (e) the reference...

             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) “registered charge” and “estate” have the...

             8. Article 2. Definitions

             9. Article 3. International obligations of Northern Ireland under the EC Insolvency Regulation

             10. Article 4. Competent court

             11. Article 5. Authorisation of Northern Ireland insolvency officeholders to act in a foreign state

             12. Article 6. Public policy exception

             13. Article 7. Additional assistance under other laws

             14. Article 8. Interpretation

          2. CHAPTER II ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN NORTHERN IRELAND

             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 Northern Ireland insolvency law

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

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

                1. 1. Subject to paragraph 2, foreign creditors have the same rights...

                2. 2. Paragraph 1 does not affect the ranking of claims in...

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

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

                1. 1. Whenever under Northern Ireland insolvency law notification is to be...

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

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

          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. 2A. Where the EU Insolvency Regulation applies the centre of the...

                4. 3. Subject to paragraph 2A, in the absence of proof to...

             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 proceedings 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 and 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 shall...

                3. 3. Without prejudice to paragraph 2, the stay and suspension referred...

                4. 4. Paragraph 1(a) does not affect the right to—

                5. 5. Paragraph 1 does not affect the right to request or...

                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) shall affect the right to...

             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, upon recognition of a...

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

                3. 3. The modifications referred to in paragraph 2 are as follows—...

                4. 4. For the purposes of paragraph 3, the date of the...

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

                6. 6. At any time when a proceeding under Northern Ireland insolvency...

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

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

                9. 9. Nothing in paragraph 1 shall apply in respect of any...

             10. Article 24. Intervention by a foreign representative in proceedings in Northern Ireland

          4. CHAPTER IV COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES

             1. Article 25. Cooperation and direct communication between the court in Northern Ireland 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 Northern Ireland insolvency officeholder and foreign courts or foreign representatives

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

                2. 2. The Northern Ireland insolvency officeholder is entitled, in the exercise...

             3. Article 27. Forms of cooperation

          5. CHAPTER V CONCURRENT PROCEEDINGS

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

             2. Article 29. Coordination of a proceeding under Northern Ireland 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

       1. PART 2 INTRODUCTORY PROVISIONS

          1. 1. (1) In this Schedule— “the 1989 Order” means the Insolvency...

       2. PART 3

          1. 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 4

          1. APPLICATION 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 5

          1. 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 6

          1. 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 7

          1. COURT PROCEDURE AND PRACTICE WITH REGARD TO PRINCIPAL APPLICATIONAND 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 8

          1. UNREGISTERED AND REGISTERED LAND

             1. 28. Registration of court order

       8. PART 9

          1. MISFEASANCE

             1. 29. Misfeasance by foreign representative

       9. PART 10

          1. 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. Shorthand writers

             10. 39. Enforcement procedures

             11. 40. Title of proceedings

             12. 41. Court records

             13. 42. Inspection of records

             14. 43. File of court proceedings

             15. 44. Right to inspect the file

             16. 45. Copies of court orders

             17. 46. Filing of Gazette notices and advertisements

             18. 47. Persons incapable of managing their affairs—introductory

             19. 48. Appointment of another person to act

             20. 49. Affidavit in support of application

             21. 50. Service of notices following appointment

             22. 51. Rights of audience

             23. 52. Right of attendance

             24. 53. Right of attendance for member State liquidator

             25. 54. Northern Ireland insolvency officeholder’s solicitor

             26. 55. Formal defects

             27. 56. Restriction on concurrent proceedings and remedies

             28. 57. Affidavits

             29. 58. Security in court

             30. 59. Further information and disclosure

             31. 60. Office copies of documents

       10. PART 11

           1. COSTS AND DETAILED ASSESSMENT

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

       11. PART 12

           1. APPEALS IN PROCEEDINGS UNDER THESE REGULATIONS

              1. 62. Appeals from court orders

              2. 63. Procedure on appeals

       12. PART 13

           1. GENERAL

              1. 64. Notices

              2. 65. “Give notice” etc

              3. 66. Notice, etc. to solicitors

              4. 67. Notice to joint Northern Ireland insolvency officeholders

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

              6. 69. Time

              7. 70. Service by post

              8. 71. General provisions as to service and notice

              9. 72. Service outside the jurisdiction

              10. 73. False claim of status as creditor

              11. 74. The Gazette

    3. SCHEDULE 3

       1. NOTICES DELIVERED TO THE REGISTRAR

          1. 1. Interpretation

          2. 2. Functions of the registrar

          3. 3. Delivery to registrar of notices

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

          5. 5. Rectification of the register under court order

    4. SCHEDULE 4

       Forms

11. Explanatory Note