Примеры использования Insolvency administrator на Английском языке и их переводы на Русский язык
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Of the assignor or insolvency administrator 211-222 51.
Statutory rules of States parties would be given primacy with regard to the conflict of priority between the insolvency administrator and the assignees.
Permitting the insolvency administrator to encumber the assigned receivables;
Without prejudice to the rights of several assignees obtaining the same receivables from the same assignor, the insolvency administrator and the assignor's creditors.
Foundation supervision, new investors, insolvency administrator, to safeguard the charitable privilege.
As to which specific parties might be covered by the notion of“third parties”, it was explained that, typically, in the context of an agreement between the assignor and the assignee,“third parties” were the debtor,the assignor's creditors and the insolvency administrator.
The term"insolvency administrator" is used in articles 24 of the draft Convention and articles 2, 7 and 9 of the annex.
Paragraphs(3) to(5) of article 24 apply to a conflict of priority arising between an assignee and the insolvency administrator or the assignor's creditors with respect to proceeds.”.
While judgement creditors and the insolvency administrator may claim the buyer's contractual rights, unless the system permits the buyer to deal with its expectancy right, they cannot seize the property itself.
If payment is made to another person, including another assignee,a creditor of the assignor or the insolvency administrator, the assignee has a right in whatever is received by that person.
For example, where the insolvency administrator(often a public accounting f=) has, in the past, been the auditor of the debtor corporation, it may be inappropriate to have them act as insolvency administrator. .
However, that did not defeat the right of a secured creditor that had made its right effective against an insolvency administrator under the law of the grantor's location.
However, in view of the fact that,in other legal systems, the insolvency administrator did become the holder of the creditors' rights, the Working Group decided that a reference to the insolvency administrator should be inserted in paragraph 2.
Another major issue was that of conflicts of priority among several claimants of the same receivables, either among several assignees of the same receivables from the same assignor or between assignees andcreditors of the assignor or the insolvency administrator.
Under the draft Supplement,once a security right was effective against an insolvency administrator, the secured creditor had priority, as it also did against unsecured creditors.
With such an approach, while article 26, paragraph 2, would apply in general, its real impact would be limited to conflicts between an assignee of the receivable claiming the account as proceeds andcreditors of the assignor or the insolvency administrator.
One approach wasto delete both paragraphs(5) and(6) and to leave the rights of the assignee as against the insolvency administrator to the law of the country in which the assignor had its place of business.
Similarly, judgement creditors and the insolvency administrator may claim the buyer's or lessee's rights, but unless the legal system permits the buyer or financial lessee to deal with its expectancy right, neither they nor secured creditors can seize the asset itself.
It was noted that to ensure consistency with the Legislative Guide on Insolvency Law, the words"insolvency administrator" in the Appendix of A/CN.9/WG. VI/WP.37/Add.4 should be replaced with"insolvency representative.
One reason for retaining paragraph(5) or(6) was said to be that, if the insolvency proceeding were to be opened in a country other than the assignor's country,there would be uncertainty as to the rights of the assignee as against the insolvency administrator.
Pending final determination of the matter of the rights of an assignee as against an insolvency administrator under draft article 24, the Working Group deferred its decision on paragraph(7) to a future session.
Mr. Weise(Observer for the American Bar Association) said that, under the Canadian proposal, the option to apply the law of the grantor's location to the creation of a security right was available in all circumstances andwas not limited to cases in which there was a dispute with the insolvency administrator.
In particular, it was explained that the terms"assignor","assignee","creditors of the assignor","insolvency administrator","assignment" and"receivable", as used in the annex, should be understood as having the meaning given to them in the draft convention.
Permitting the insolvency administrator to encumber the assigned receivables with privileged claims for taxes, wages and similar privileges, provided that the assignee is treated fairly and equitably with other creditors whose receivables may be so encumbered.
If the notice is registered within a short period of time after delivery of the property to the buyer,the acquisition security right has priority over a holder of a judgement right or an insolvency administrator of the buyer between the time of the delivery of the property to the buyer and the registration of the notice;
However, there is a significant interrelationship between the two regimes, arising from the fact that a security right is of little or no value to a securedcreditor if it is not ultimately enforceable against third parties, including the debtor's insolvency administrator.
It was also observed that, the estate of the assignor having been enriched through the credit provided by the assignee to the assignor in return for the receivables,allowing the insolvency administrator or the creditors of the assignor to receive payment of the receivables should be considered as unjust enrichment.
The concept of priority thus includes competitions both with(a) other creditors secured creditors, other acquisition secured creditors, creditors that may avail themselves of a statutory preference and judgement creditors; and(b) other claimants including prior owners,buyers and the insolvency administrator.
Assistance” in paragraph(1)(a) and(b) is meant to cover various situations, dealt with in the Model Provisions,in which a court or an insolvency administrator may make a cross-border request directed to a court or an insolvency administrator for a measure to be taken as envisaged in the Model Provisions.
The Working Group noted that, in paragraph(2), the term“assignor's creditors” had been substituted for the term“insolvency administrator”, since: in some legal systems, the insolvency administrator did not become the holder of the rights of the creditors; and, in some reorganization proceedings,there might be no insolvency administrator.