Examination as to jurisdiction
Other duties (1) — Crown / regulator
- Court must automatically check jurisdiction before opening insolvency proceedings Tribunal / Court
Retained EU Law
2015
United Kingdom
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)
At a glance
What's here
1 compliance obligation
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Browse 92 other sections — procedural / definitional / commencement
Council Regulation (EC) No 1346/2000 (OJ L 160, 30.6.2000, p. 1) Council...
Application and jurisdiction
Definitions
Centre of main interests
Judicial review of the decision to open main insolvency proceedings
Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them
Applicable law
Third parties' rights in rem
Set-off
Reservation of title
Contracts relating to immoveable property
Payment systems and financial markets
Contracts of employment
Effects on rights subject to registration
European patents with unitary effect and Community trade marks
Detrimental acts
Protection of third-party purchasers
Effects of insolvency proceedings on pending lawsuits or arbitral proceedings
Principle
Effects of recognition
Powers of the insolvency practitioner
Proof of the insolvency practitioner's appointment
Return and imputation
Establishment of insolvency registers
Interconnection of insolvency registers
Costs of establishing and interconnecting insolvency registers
Conditions of access to information via the system of interconnection
Publication in another Member State
Registration in public registers of another Member State
Costs
Honouring of an obligation to a debtor
Recognition and enforceability of other judgments
Public policy
Opening of proceedings
Applicable law
Right to give an undertaking in order to avoid secondary insolvency proceedings
Right to request the opening of secondary insolvency proceedings
Decision to open secondary insolvency proceedings
Judicial review of the decision to open secondary insolvency proceedings
Advance payment of costs and expenses
Cooperation and communication between insolvency practitioners
Cooperation and communication between courts
Cooperation and communication between insolvency practitioners and courts
Costs of cooperation and communication
Exercise of creditors' rights
Stay of the process of realisation of assets
Power of the insolvency practitioner to propose restructuring plans
Impact of closure of insolvency proceedings
Assets remaining in the secondary insolvency proceedings
Subsequent opening of the main insolvency proceedings
Conversion of secondary insolvency proceedings
Preservation measures
Right to lodge claims
Duty to inform creditors
Procedure for lodging claims
Cooperation and communication between insolvency practitioners
Cooperation and communication between courts
Cooperation and communication between insolvency practitioners and courts
Costs of cooperation and communication in proceedings concerning members of a group of companies
Powers of the insolvency practitioner in proceedings concerning members of a group of companies
Request to open group coordination proceedings
Priority rule
Notice by the court seised
Objections by insolvency practitioners
Consequences of objection to the inclusion in group coordination
Choice of court for group coordination proceedings
Consequences of objections to the proposed coordinator
Decision to open group coordination proceedings
Subsequent opt-in by insolvency practitioners
Recommendations and group coordination plan
The coordinator
Tasks and rights of the coordinator
Languages
Cooperation between insolvency practitioners and the coordinator
Revocation of the appointment of the coordinator
Debtor in possession
Costs and distribution
Data protection
Responsibilities of Member States regarding the processing of personal data in national insolvency registers
Responsibilities of the Commission in connection with the processing of personal data
Information obligations
Storage of personal data
Access to personal data via the European e-Justice Portal
Applicability in time
Relationship to Conventions
Information on national and Union insolvency law
Establishment of the interconnection of registers
Establishment and subsequent amendment of standard forms
Committee procedure
Review clause
Repeal
Entry into force
Explore more
Browse legislation
Find other UK business legislation with related guidance.