The Cross-Border Insolvency Regulations 2006

The hearing E+W+S

25.—(1) At the hearing of the application, the applicant and any of the following persons (not being the applicant) may appear or be represented—

(a) the foreign representative;

(b) the debtor and, in the case of any debtor other than an individual, any one or more directors or other officers of the debtor, including—

[F1 (i) where applicable, any person specified in particulars registered under section 1046 of the Companies Act 2006 (overseas companies) as authorised to represent the debtor;]

(ii) in the case of a debtor which is a partnership, any person who is an officer of the partnership within the meaning of article 2 of the Insolvent Partnerships Order 1994 M1 ;

(c) if a British insolvency officeholder is acting in relation to the debtor, that person;

(d) if any person has been appointed an administrative receiver of the debtor or as a receiver or manager of the property of the debtor in England and Wales, that person;

F2 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) if a foreign representative has been appointed in any other foreign proceeding regarding the debtor, that person;

(g) any person who has presented a petition for the winding up or bankruptcy of the debtor in England and Wales;

(h) any person who is or may be entitled to appoint an administrator of the debtor under paragraph 14 of Schedule B1 to the 1986 Act (appointment of administrator by holder of qualifying floating charge);

[F3 (i) if the debtor is a debtor who is of interest to the Financial Conduct Authority, that Authority;

(ia) if the debtor is a debtor who is of interest to the Prudential Regulation Authority, that Authority; and]

(j) with the permission of the court, any other person who appears to have an interest justifying his appearance.

Textual Amendments

F1 Sch. 2 para. 25(1)(b)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 264(3)(c)

F2 Sch. 2 para. 25(1)(e) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 123 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 2 para. 25(1)(i)(ia) substituted for Sch. 2 para. 25(1)(i) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 116(a)(iii)

Marginal Citations

M1 S.I. 1994/2421, to which there are amendments not relevant to these Regulations.