Article 17. Relief upon recognition of a foreign main or non main proceeding

The Working Group decided that article 2 (Definitions) should contain definitions of main and non main proceedings.

Article 16. Effects of recognition of a foreign main proceeding

Article 17. Relief upon recognition of a foreign main or

Article 16. Relief upon recognition of a foreign main proceeding

Article 16. Effects of recognition of a foreign main proceeding

According to these delegations, article 18 remained the main point of contention.

Having concluded the consideration of article 12, the Working Group considered the questions of recognition of a main proceeding (as referred to in article 11(1)(a)), recognition of a non main proceeding (as referred to in article 11(1)(b)), and the consequences of recognition of a non main proceeding.

Article 31. Presumption of insolvency based on recognition of a foreign main proceeding

(iii) Article VII, with specific reference to the main issues in (a) and (b)

The main advances in the application of this article of the Convention have been

(a) any relief granted under article 19 or 21 to a representative of a foreign non main proceeding after recognition of a foreign main proceeding must be consistent with the foreign main proceeding

(a) Any relief granted under article 19 or 21 to a representative of a foreign non main proceeding after recognition of a foreign main proceeding must be consistent with the foreign main proceeding

Another difference between relief under articles 15 and 17 and the effects under article 16 is that the relief under articles 15 and 17 may be issued in favour of main as well as non main proceedings, while the effects of article 16 apply only to main proceedings.

non main proceeding 49 66 12 Article 18. Notice of recognition and relief granted upon

(a) A new article has been introduced to provide definitions of the main entities and terms used in the draft financial rules (new article II)

Another difference between relief under draft articles 15 and 17 and the effects under draft article 16 was that the relief under draft articles 15 and 17 might be issued in favour of main as well as non main proceedings, while the effects of draft article 16 applied only to main proceedings.

It was suggested that, with a view to ensuring adequate cooperation in cases involving main and non main proceedings, the powers referred to in article 6 should be limited to the representative appointed in the main proceedings.

(4) The court may refuse to grant relief under this article if such relief would interfere with the administration of a foreign main proceeding. Article 16.

quot (a) after recognition of a foreign main proceeding any relief granted to be granted to a representative of a foreign non main proceeding under article 15 or 17 must be consistent with the conduct of the foreign main proceeding

Under article 15, subparagraph 1 (e), every association is required to maintain organized records at its main offices and branches.

(ii) if the foreign proceeding is recognized in this State as a foreign main proceeding, article 20 does not apply

(ii) If the foreign proceeding is recognized in this State as a foreign main proceeding, article 20 does not apply

It was also noted that, unlike articles 15 and 17, which, as currently drafted, encompassed both foreign main proceedings and foreign non main proceedings, article 16 was intended to provide certain mandatory effects only to a foreign main proceeding, upon recognition in the enacting State.

However, support was expressed for providing a definition of establishment in the Model Provisions, as the notion of establishment was central for the distinction between main proceedings and non main proceedings in article 11.

It was pointed out that the distinction between a foreign main proceeding and a foreign non main proceeding was only relevant within the context of article 11 and that the question of whether it was necessary to include a definition of those proceedings in article 2 should be considered after the Working Group had examined article 11 (see below, para. 147).

With regard to article 1 of the draft code, the main comments referred to the formulation of quot public office holders quot .

This fact is an obstacle to the complete use of the Report for achieving the main goal of the Convention (Article 2).

Nor have serious efforts been made to fully realize its main objectives, in particular, the provisions of article VI of that Treaty.

Joint implementation projects shall be supplemental to domestic policiesand measures, which should provide the main means of meeting commitments under Article 3

quot The foreign representative shall When the court recognizes a foreign main or non main proceeding pursuant to article 13(3), it shall order the foreign representative to give notice of the recognition, of the stay and suspension as provided in article 16(1) and of any relief granted under article 17(1) within __ days to all known creditors that have an address in this State.

(c) quot foreign non main proceeding quot means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of this article

(c) quot Foreign non main proceeding quot means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment within the meaning of subparagraph (f) of this article

Emissions trading shall be supplemental to domestic policies and measures, which should provide the main means of meeting commitments under Article 3 and

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.

(b) as a foreign non main proceeding if the debtor has an establishment within the meaning of article 2((e) in the foreign jurisdiction.

He emphasized that the main objectives of the article were to secure the right to all levels and forms of education including bilingual education.

(b) as a foreign non main proceeding if the debtor has an establishment within the meaning of article 2(f) in the foreign State.

(4) The court may refuse to grant relief under this article if such relief would interfere with the administration of a foreign main proceeding.

4. The court may refuse to grant relief under this article if such relief would interfere with the administration of a foreign main proceeding.

(b) as a foreign non main proceeding if the debtor has an establishment within the meaning of article 2(f) in the foreign State.

(b) as a foreign non main proceeding if the debtor has an establishment within the meaning of article 2(f) in the foreign State.

(4) The court may refuse to grant relief under this article if such relief would interfere with the administration of a foreign main proceeding.

Article 22 presents the enacting State with a method of allocation of jurisdiction in cases in which a foreign main proceeding has been recognized.

(f) Joint implementation projects shall be supplemental to domestic policies and measures , which should provide the main means of meeting commitments under Article 3