Application for relief under article 21 of the Model Law—affidavit in support
- Support article 21 relief application with sworn affidavit Any Person
UK Statutory Instrument
2006
United Kingdom
Cross-Border Insolvency Regulations 2006
At a glance
Enforced by
What's here
18 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 11
- Applicant 3
Plus 4 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
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.
Schedules
Contents of application and affidavit in support
- Include required information and supporting documents in application to court as replacement foreign representative Applicant
Affidavit in support of recognition application
- Submit recognition application in Form ML 1 with supporting affidavit Any Person
Service of the application
- Serve recognition application on debtor and other parties in cross-border insolvency Any Person
Manner in which service to be effected
- Serve application documents at least 5 business days before hearing Applicant
Notification and advertisement of order
- Notify relevant parties and advertise cross-border insolvency orders Any Person
Applications to Chief Land Registrar following court orders
- Foreign representative must notify Land Registry of court orders Any Person
Transfer of proceedings within the High Court
Other duties (1) — Crown / regulator
- Court must notify parties when transferring proceedings Tribunal / Court
Contents of affidavit in support
- Submit affidavit with required evidence for cross-border insolvency recognition Applicant
Court records
Other duties (1) — Crown / regulator
- Court must keep records of all cross-border insolvency proceedings Tribunal / Court
Right to inspect the file
Other duties (1) — Crown / regulator
- Right to inspect the court file in cross-border insolvency proceedings Crown / Minister / Government department
Right of attendance
Other duties (1) — Crown / regulator
- Court must allow creditor attendance and provide notice upon request Tribunal / Court
Notification of subsequent information
- File subsequent information with court using Form ML 3 Any Person
Security in court
- Provide security to the court as required in cross-border insolvency proceedings Any Person
Application for interim relief—affidavit in support
- Support interim relief application with sworn affidavit containing prescribed details Any Person
Notification and advertisement of order
- Notify relevant parties and advertise recognition orders Any Person
Enforcement of foreign representative's duty to give notice to registrar
- Comply with notice-giving duties to the registrar and remedy defaults within 14 days Any Person
From the time of filing the application for recognition of...
- Foreign representative must notify court of changes in insolvency proceedings Any Person
Browse 123 other Schedules — structural / supplementary
Where the EU Insolvency Regulation applies the centre of the...
Nothing in this article affects the right of a British...
Nothing in paragraph 1 of this article shall apply in...
Interpretation
The hearing and powers of court
Application for confirmation of status of replacement foreign representative
The hearing and powers of court
Reviews of court orders—where court makes order of its own motion
Review application—affidavit in support
Hearing of review application and powers of the court
Preliminary and interpretation
Form and contents of application
Filing of application
Proof of service
In case of urgency
The hearing
Adjournment of hearing; directions
Misfeasance by foreign representative
Form and content of application
Principal court rules and practice to apply with modifications
Applications other than the principal applications—preliminary
Form and contents of application
Filing and service of application
Other hearings
Use of affidavit evidence
Filing and service of affidavits
Adjournment of hearings; directions
Transfer of proceedings—actions to avoid acts detrimental to creditors
Shorthand writers
Enforcement procedures
Title of proceedings
Inspection of records
File of court proceedings
Copies of court orders
Filing of Gazette notices and advertisements
Persons incapable of managing their affairs—introductory
The hearing and powers of court
Appointment of another person to act
Affidavit in support of application
Service of notices following appointment
Rights of audience
Right of attendance for member State liquidator
British insolvency officeholder's solicitor
Formal defects
Restriction on concurrent proceedings and remedies
Affidavits
Further information and disclosure
Office copies of documents
“The court”
Requirement to assess costs by the detailed procedure
Costs of officers charged with execution of writs or other process
Final costs certificate
Appeals from court orders
Procedure on appeals
Notices
“Give notice” etc.
Notice, etc. to solicitors
Notice to joint British insolvency officeholders
Forms for use in proceedings under these Regulations
Time limits
Service by post
General provisions as to service and notice
Service outside the jurisdiction
False claim of status as creditor
The Gazette
Service of interim relief application not required
The hearing and powers of court
Interpretation
Copies of court orders
Transfer of proceedings—actions to avoid acts detrimental to creditors
Giving of notices, etc
Sending by post
Certificate of giving notice, etc
Forms for use in proceedings under these Regulations
Application for confirmation of status of replacement foreign representative
Misfeasance by a foreign representative
Preliminary and interpretation
Reviews of court orders—where court makes order of its own motion
The hearing
Registration of court order
Right to inspect court process
Interpretation
Functions of the registrar of companies
Registrar of companies to whom notices to be delivered
Delivery to registrar of notices
Rectification of the register under court order
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For the purposes of this Law— (a) “British insolvency law”...
To the extent that this Law conflicts with an obligation...
A British insolvency officeholder is authorised to act in a...
Nothing in this Law prevents the court from refusing to...
Nothing in this Law limits the power of a court...
In the interpretation of this Law, regard is to be...
The sole fact that an application pursuant to this Law...
A foreign representative appointed in a foreign main proceeding or...
Upon recognition of a foreign proceeding, the foreign representative is...
A foreign representative is entitled to apply directly to a...
Upon recognition of a foreign proceeding, the foreign representative may,...
Cooperation referred to in articles 25 and 26 may be...
After recognition of a foreign main proceeding, the effects of...
Where a foreign proceeding and a proceeding under British insolvency...
In matters referred to in paragraph 1 of article 1,...
In the absence of evidence to the contrary, recognition of...
Without prejudice to secured claims or rights in rem, a...
Browse 15 other sections — procedural / definitional / commencement
Citation, commencement and interpretation
This Law applies where— (a) assistance is sought in Great...
UNCITRAL Model Law to have force of law
This Law does not apply to a proceeding concerning—
Modification of British insolvency law
In paragraph 2 of this article— (a) in sub-paragraph (j)...
Procedural matters in England and Wales
The court shall not grant any relief, or modify any...
Procedural matters in Scotland
Where a foreign proceeding regarding a debtor who is an...
Notices delivered to the registrar of companies
Any suspension under this Law of the right to transfer,...
Co-operation between courts exercising jurisdiction in relation to cross-border insolvency
In paragraph 6— (a) “owner's powers” means the powers described...
Disapplication of section 388 of the Insolvency Act 1986
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
The Insolvency Service
Administers compulsory company liquidations and personal bankruptcies. Investigates director misconduct and can seek disqualification orders. Manages redundancy payments from the National Insurance …
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Regulators
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