Examples of EC Insolvency Regulation in a sentence
To the extent that this Law conflicts with an obligation of the United Kingdom under the EC Insolvency Regulation, the requirements of the EC Insolvency Regulation prevail.
Prior to the opening of main proceedings, "territorial proceedings" may be opened in England, subject to certain additional conditions set out in Article 3(4) of the EC Insolvency Regulation.
Territorial proceedings may, under Articles 36 and 37 of the EC Insolvency Regulation, be converted in effect to secondary proceedings at the request of the liquidator in the main proceedings.
These can either be winding up or reorganisation proceedings (as listed for each member state in Annex A of the EC Insolvency Regulation).
The Borrower (x) has its “centre of main interests” (within the meaning of European Council Regulation (EC) No. 1346/2000 of May 29, 2000 on insolvency proceedings (the “EC Insolvency Regulation”)) in Luxembourg and (y) has no “establishment” (as such term is used in the EC Insolvency Regulation) outside the Grand-Duchy of Luxembourg.
Since 31 May 2002, to the extent that any provisions of insolvency legislation in a member state are inconsistent with the EC Insolvency Regulation, they have ceased to be applicable.
The EC Insolvency Regulation is not intended to achieve a wholesale harmonisation of insolvency laws but instead to improve the efficiency and effectiveness of insolvency proceedings with a European cross-border element.
The European Borrower (x) has its “centre of main interests” (within the meaning of European Council Regulation (EC) No. 1346/2000 of May 29, 2000 on insolvency proceedings (the “EC Insolvency Regulation”)) in Luxembourg and (y) has no “establishment” (as such term is used in the EC Insolvency Regulation) outside the Grand-Duchy of Luxembourg.
The effects of these types of proceedings will be limited to the assets in the member state where the secondary proceedings are opened and the types of proceedings available are limited to the winding up proceedings listed in Annex B of the EC Insolvency Regulation.
Where the EC Insolvency Regulation applies, it will determine the European Union member state(s) in which insolvency proceedings can be commenced and the law that will generally govern those insolvency proceedings (subject to a number of exceptions).