Примеры использования Enterprise group members на Английском языке и их переводы на Русский язык
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Official
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Colloquial
Reorganization of two or more enterprise group members.
Where the court is satisfied that enterprise group members are engaged in a fraudulent scheme or activity with no legitimate business purpose and that substantive consolidation is essential to rectify that scheme or activity.
Purpose clause Chapeau-"two or more enterprise group members.
One question raised was whether the words"two ormore" with respect to enterprise group members were redundant and could be deleted, as the explanation of the term"enterprise group" already contained the notion of two or more enterprise group members. .
As explained, the term“related person” would include enterprise group members.
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Reorganization of two or more enterprise group members-- draft recommendations 238-239.
The considerations discussed would also apply in the context of insolvency proceedings concerning enterprise group members.
Subparagraph(b)(i), on the other hand, provided an exception,establishing a common date for all enterprise group members when substantive consolidation was ordered subsequent to commencement of insolvency proceedings.
The insolvency law should provide,in the context of insolvency proceedings with respect to enterprise group members.
A common date for all enterprise group members included in the substantive consolidation, being either(i) the earliest of the dates of application for, or commencement of, insolvency proceedings with respect to those group members; or(ii) the date on which all applications for commencement were made or all proceedings commenced.
It was also observed that the purpose was not only better solutions for the enterprise group members, but also for the creditors.
The insolvency law should specify the date from which the suspect period with respect to avoidance of transactions of the type referred to in recommendation 87 should be calculated when substantive consolidation is ordered with respect to two or more enterprise group members.
The purpose of provisions on access andrecognition of foreign insolvency proceedings with respect to enterprise group members is to ensure that access and recognition are available under applicable law.
Access to foreign courts for foreign representatives andcreditors of insolvency proceedings involving enterprise group members.
A joint application for commencement with respect to two or more enterprise group members may raise issues of jurisdiction, even in the domestic context, if those group members are located in different places and different courts potentially have jurisdiction over them and therefore competence to consider the application.
To more effectively address, in the context of recommendation 5,instances of cross-border insolvency proceedings involving enterprise group members.
The recommendations above concerning application for andcommencement of insolvency proceedings apply to debtors that are enterprise group members in the same manner as they apply to debtors that are individual commercial enterprises. .
In general, those effects would apply equally to commencement of insolvency proceedings with respect to two or more enterprise group members.
To that end, a text along the following lines was proposed:"The purpose of this part of the Legislative Guide is to permit the courts to consider the insolvency of one or more enterprise group members, within the context of the group where the group is found to exist, in order to promote the key objectives in recommendation 1 in both the domestic and cross-border contexts.
Provision of access to foreign courts for foreign representatives andcreditors of insolvency proceedings involving enterprise group members;
The purpose of this part is to permit, in both domestic and cross-border contexts,treatment of the insolvency proceedings of one or more enterprise group members within the context of the enterprise group to address the issues particular to insolvency proceedings involving enterprise groups and to achieve a better, more effective result for the enterprise group as a whole and its creditors and, in particular.
Purpose of legislative provisions The purpose of provisions on procedural coordination of insolvency proceedings with respect to two or more enterprise group members is.
A court may appoint a representative to facilitate the coordination of insolvency proceedings concerning enterprise group members taking place in different jurisdictions.
One view was that the recommendations of the Guide were sufficient to address all aspects of avoidance of transactions between group members and introducing additional considerations such as those in draft recommendation 14 might suggest different rules appliedto single debtors and debtors that were enterprise group members.
The concern was expressed that the words at the end of draft recommendation 199"that satisfy the applicable commencement standard" could be wrongly interpreted as requiring the enterprise group members to collectively satisfy the commencement standard.
A proposal was made to include words along the lines of"a court of competent jurisdiction" in paragraph(b) of the draft purpose clause,to clarify that, in some States, different courts might have jurisdiction with respect to commencement of insolvency concerning different enterprise group members.
To reflect the clarifications agreed with respect to draft recommendation 14,it was agreed that the words"in the context of insolvency proceedings with respect to two or more enterprise group members" should be replaced with the words"between enterprise group members. .
A more appropriate reference might be to the Notes, which described existing practices between different jurisdictions on coordinating parallel proceedings,including proceedings concerning enterprise group members.
Communication of information by any means considered appropriate by the court, including provision to the foreign court or the foreign representative of copies of documents issued by the court or that have been orare to be filed with the court concerning the enterprise group members subject to insolvency proceedings or participation in communications with the foreign court or foreign representative;
It was observed that the purpose of a joint application for insolvency proceedings was to facilitate coordinated consideration of the insolvency of enterprise group members from the outset.