SCHEDULE 2PROCEDURAL MATTERS IN ENGLAND AND WALES

PART 2Applications to Court for Recognition of Foreign Proceedings

Contents of affidavit in support

4.

(1)

There shall be attached to the application an affidavit in support which shall contain or have exhibited to it—

(a)

the evidence and statement required under article 15(2) and (3) respectively of the Model Law;

(b)

any other evidence which in the opinion of the applicant will assist the court in deciding whether the proceeding the subject of the application is a foreign proceeding within the meaning of article 2(i) of the Model Law and whether the applicant is a foreign representative within the meaning of article 2(j) of the Model Law;

(c)

evidence that the debtor has its centre of main interests or an establishment, as the case may be, within the country where the foreign proceeding is taking place; and

(d)

any other matters which in the opinion of the applicant will assist the court in deciding whether to make a recognition order.

(2)

The affidavit shall state whether, in the opinion of the applicant, the EC Insolvency Regulation applies to any of the proceedings identified in accordance with article 15(3) of the Model Law and, if so, whether those proceedings are main proceedings, secondary proceedings or territorial proceedings.

(3)

The affidavit shall also have exhibited to it the translations required under article 15(4) of the Model Law and a translation in English of any other document exhibited to the affidavit which is in a language other than English.

(4)

All translations referred to in sub-paragraph (3) must be certified by the translator as a correct translation.