Примеры использования Recognition of a foreign main proceeding на Английском языке и их переводы на Русский язык
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Upon recognition of a foreign main proceeding.
Relating to insolvency after recognition of a foreign main proceeding.
Regarding paragraph(2), he supported the proposal of the representative of France;the paragraph should begin:“Recognition of a foreign main proceeding”.
Relief upon recognition of a foreign main proceeding.
Under article 16, creditors were protected mandatorily upon recognition of a foreign main proceeding.
Upon recognition of a foreign main proceeding,“c The enacting State may wish to consider the following alternative wording to replace the chapeau of article 16 1.
Presumption of insolvency based upon recognition of a foreign main proceeding.
Upon recognition of a foreign main proceeding, or upon application for recognition of a foreign main proceeding taking place in one of the States listed in annex X.
Similarly, paragraph(1) limited the scope of local proceedings after recognition of a foreign main proceeding.
No earlier than__ days after recognition of a foreign main proceeding, the court may permit the foreign representative to administer, realize and distribute assets of the debtor in the foreign proceeding.
Commencement of a proceeding under[identify laws of the enacting State relating to insolvency] after recognition of a foreign main proceeding.
In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a proceeding under the laws of the recognizing State, proof that the debtor is insolvent.
Paragraph(1) in document A/CN.9/435 dealt with one possible combination of factors:the opening of a local proceeding after recognition of a foreign main proceeding.
It was also suggested that article 16 should provide, in a separate paragraph,a rule whereby the recognition of a foreign main proceeding would preclude the opening of a local main proceeding in respect of the same debtor.
It was suggested that article 16 could provide for the possibility of authorizing the court to terminate orsuspend a local proceeding upon recognition of a foreign main proceeding.
Mr. WIMMER(Germany) proposed that the chapeau of article 16(1) should be amended to read:“Upon recognition of a foreign main proceeding, with the exclusion of proceedings opened only on an interim basis,”.
The suggested reference to article 22 at the beginning of article 16(1) should be understood as referring specifically to the proposed subparagraph of article 22 where the problem of a possible conflict between a pending local main proceeding and the recognition of a foreign main proceeding would be dealt with.
With regard to paragraph(2),his concern was that it should apply to the commencement of local non-main proceedings; recognition of a foreign main proceeding should allow opening of a local non-main proceeding as rapidly as possible.
In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a proceeding under[identify laws of the enacting State relating to insolvency], proof that the debtor is insolvent.
Such stay and suspension are“mandatory” in the sense that they either flow automatically from the recognition of a foreign main proceeding or the court is bound to issue the appropriate order.
Upon recognition of a foreign main proceeding, the courts of this State have jurisdiction to commence a proceeding in this State against the debtor under[identify laws of the enacting State relating to insolvency] only if the debtor has assets in this State, and the effects of that proceeding shall be restricted to the assets of the debtor situated in the territory of this State.
Any relief granted under article 19 or21 to a representative of a foreign non-main proceeding after recognition of a foreign main proceeding must be consistent with the foreign main proceeding; .
Article 28, in conjunction with article 29, provides that recognition of a foreign main proceeding will not prevent the commencement of a local insolvency proceeding concerning the same debtor as long as the debtor has assets in the State.
Articles 28 and 29 address concurrent proceedings, specifically the commencement of a local insolvency proceeding after recognition of a foreign main proceeding and the manner in which relief should be tailored to ensure consistency between concurrent proceedings. .
The view was expressed that the automatic effects under article 16 of the recognition of a foreign main proceeding should be expressly limited(e.g. by providing a time period after which they would lapse) or in another way made dependent on the continued existence of the foreign main proceeding. .
However, in the light of paragraph(1) as proposed by the Working Group(A/CN.9/435, annex),thought must be given to what would happen if, after the recognition of a foreign main proceeding, the requirements under local law for the opening of a local main proceeding were found to be met.
The aim was to create equality of treatment:under article 22(1), recognition of a foreign main proceeding meant that a local proceeding must be in the nature of a non-main proceeding, with certain limitations stipulated.
The view was expressed that paragraph(1) was inadequate to achieve the purpose for which it had been formulated, namely,to limit the possibility of opening local proceedings after recognition of a foreign main proceeding, since under paragraph(1) the mere presence of assets in a State would be sufficient for the opening of local proceedings. .
While the solution leaves a broad ground for commencing a local proceeding after recognition of a foreign main proceeding, it serves the purpose of indicating that, if the debtor has no assets in the State, there is no jurisdiction for commencing an insolvency proceeding.
Support was expressed for the solution in paragraph(1), according to which, after recognition of a foreign main proceeding, the effect of the proceeding opened in the enacting State was to be restricted to the territory of the enacting State.