Примеры использования Procedural coordination на Английском языке и их переводы на Русский язык
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Procedural coordination.
Enterprise","control" and"procedural coordination.
Procedural coordination-- draft recommendations 202-210.
Cooperation between two or more insolvency representatives in procedural coordination paras. 139-140.
Draft recommendation 204: procedural coordination of two or more insolvency proceedings.
It was suggested that the courtshould have the ability, on its own motion, to initiate procedural coordination.
Purpose clause anddraft recommendations 202-203: procedural coordination of two or more insolvency proceedings.
It is therefore desirable that an insolvency law adopt a flexible approach to the timing of an application for procedural coordination.
The decision to order procedural coordination should not be conditioned upon the qualifications of the creditor.
The Working Group approved the substance of the explanations of"enterprise","control" and"procedural coordination" as set forth in paragraphs(b)-d.
The Working Group considered procedural coordination on the basis of draft recommendations 2-8 of document A/CN.9/WG. V/WP.80.
It was pointed out that a distinction could be drawn between reversal of an order for procedural coordination and an order for substantive consolidation.
In response, it was pointed out that procedural coordination included both situations and that footnote 3 on the explanation of the term included the reference to"cooperation between two or more courts.
In terms of the cross-border insolvency regime for the enterprise group,the discussion appears to revolve around procedural coordination, which we support.
Second sentence:"Accordingly, an order for procedural coordination may require action by one or more than one court.
In practice procedural coordination has been achieved by appointing the same administrators over different companies subject to insolvency proceedings e.g. in the case of MG Rover, Eurotunnel etc.
The Working Group adopted the draft purpose clause on procedural coordination and draft recommendations 202-203 in substance.
It was noted that, while procedural coordination entailed gathering multiple insolvency proceedings before one court, no indication of the criteria for determining or choosing the competent court had been provided in the draft text.
A question was raised as to whether the court,in making an order for procedural coordination, would be limited to making the orders sought in the application.
The concern was expressed that the current wording of paragraph(d)of the purpose clause implied that a joint application was the only mechanism for the court to assess whether procedural coordination was appropriate.
Purpose of legislative provisions The purpose of provisions on procedural coordination of insolvency proceedings with respect to two or more enterprise group members is.
For lack of time that issue was not considered,although it was noted that a third possibility included a single reorganization plan being used where there was neither procedural coordination nor substantive consolidation.
It is clear from recent examples of global insolvencies that procedural coordination is not only useful but an essential aspect of insolvency law.
It is desirable that procedural coordination be as widely available as possible and that the court be given the discretion to consider whether coordination of the various proceedings would benefit their administration.
Creditors of other group members might also apply;the decision to order procedural coordination should not be conditioned upon the status of the creditor applying.
Where the application for procedural coordination is made at the time of the application for commencement, the issue of commencement should be treated separately from that of procedural coordination, since the criteria required to satisfy each issue will generally be different.
It was also suggested that the draft recommendation should include the possibility for the court to initiate procedural coordination, subject to the relevant notice provisions.
One view was that since procedural coordination was not intended to affect the substantive right of creditors, notice of the application was not required.
To address that concern, it was proposed that paragraph(d) be deleted, that the word"additional" be inserted before the word"mechanism" orthat a footnote be added to clarify that a joint application was not a pre-requisite for procedural coordination, but merely facilitated the consideration of the court.
After discussion, there was support for the view that procedural coordination should be available as widely as possible with respect to members of the same enterprise group.