Expressions used in the Cross‑Border Insolvency Act
14.02 Expressions used in the Cross‑Border Insolvency Act
Unless the contrary intention appears, an expression used in this Part and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Part as it has in the Cross‑Border Insolvency Act.
The following expressions used in this Part (including in the notes to this Part) are defined in the Model Law as having the following meanings:
establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services.
foreign court means a judicial or other authority competent to control or supervise a foreign proceeding.
foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests.
foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment as defined in the Model Law.
foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.
foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceeding.
This Part is to be interpreted in a manner that gives effect to the Cross‑Border Insolvency Act.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.