Write notes on the following: Types of foreign proceedings covered

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2015
Write notes on the following: Types of foreign proceedings covered

Answer & Explanation:

To fall within the scope of the UNCITRAL Model Law on Cross-Border Insolvency, a foreign insolvency proceeding needs to possess certain attributes. These attributes ensure that the Model Law applies to genuine and appropriate cross-border insolvency situations. The types of foreign proceedings covered generally include: Basis in Insolvency-Related Law: The proceeding must originate from the insolvency-related law of the originating State. Collective Involvement of Creditors: It must involve the collective interests of creditors. Control or Supervision: There must be control or supervision of the assets and affairs of the debtor by a court or another official body. Purpose of Reorganization or Liquidation: The primary purpose of the proceeding must be the reorganization or liquidation of the debtor. Within these parameters, a variety of collective proceedings would be eligible for recognition, including: Compulsory or voluntary proceedings. Corporate or individual insolvency proceedings. Winding-up or reorganization proceedings. Proceedings in which the debtor retains some measure of control over its assets, albeit under court supervision (e.g., suspension of payments, 'debtor in possession' proceedings). The Model Law adopts an inclusive approach regarding the types of debtors and proceedings covered, aiming for broad applicability to facilitate cross-border cooperation in insolvency matters.

Topics: Insolvency and Winding Up

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