Elucidate briefly the process of Notification to Foreign Creditors as per United Nations Commission on International Trade (UNCITRAL) Model Law.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2020
Elucidate briefly the process of Notification to Foreign Creditors as per United Nations Commission on International Trade (UNCITRAL) Model Law.
Answer & Explanation:
Article 14 of the UNCITRAL Model Law on Cross-Border Insolvency suggests the procedure for States (Member Nations) enacting Insolvency Law the manner of notification to be given to creditors: Such notification shall also be given to the known creditors that do not have addresses in the state where the insolvency proceedings are taking place. Notifications shall be made to the foreign creditors individually, unless the Authority/ Court determines that, under the circumstances, some other form of notification would be more appropriate. The notice shall indicate a reasonable time for filing claims, whether secured creditors need to file their secured claims, and other information as required either by law or by the authority. The main purpose of notifying foreign creditors is to inform them of the commencement of insolvency proceedings and of the time limit to file their claims. The notification shall contain any other information required to be included in such a notification to creditors pursuant to the law of this State and the orders of the court.
Topics: International Insolvency Law
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