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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Cross-Border Insolvency Act, No. 42 of 2000

Long title


To provide effective mechanisms for dealing with cases of cross-border insolvency; and to amend the Insolvency Act, 1936, so as to further regulate the jurisdiction of the High Courts; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. INTERPRETATION AND FUNDAMENTAL PRINCIPLES
1.  Definitions
2.  Scope of application
3.  International obligations of Republic
4.  Competent court
5.  Authorisation of trustee, liquidator, judicial manager, curator of institution, or receiver to act in foreign State
6.  Public policy exception
7.  Additional assistance under other laws
8.  Interpretation

CHAPTER 2. ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN REPUBLIC
9.  Right of direct access
10.  Limited jurisdiction
11.  Application by foreign representative to commence proceedings under laws of Republic relating to insolvency
12.  Participation of foreign representative in proceedings under laws of Republic relating to insolvency
13.  Access of foreign creditors to proceedings under laws of Republic relating to insolvency
14.  Notification to foreign creditors of proceedings under laws of Republic relating to insolvency

CHAPTER 3. RECOGNITION OF FOREIGN PROCEEDINGS AND RELIEF
15.  Application for recognition of foreign proceedings
16.  Presumptions concerning recognition
17.  Decision to recognise foreign proceedings
18.  Subsequent information
19.  Relief that may be granted upon application for recognition of foreign proceedings
20. Effects of recognition of foreign main proceedings
21.  Relief that may be granted upon recognition of foreign proceedings
22.  Protection of creditors and other interested persons
23.  Actions to avoid acts detrimental to creditors
24.  Intervention by foreign representative in proceedings in Republic

CHAPTER 4. COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
25.  Cooperation and direct communication between court of Republic and foreign courts or foreign representatives
26.  Cooperation and direct communication between trustee, liquidator, judicial manager, curator of institution, or receiver and foreign courts or foreign representatives
27.  Forms of cooperation

CHAPTER 5. CONCURRENT PROCEEDINGS
28.  Commencement of proceedings under laws of Republic relating to insolvency after recognition of foreign main proceedings
29. Coordination of proceedings under laws of Republic relating to insolvency and foreign proceedings
30. Coordination of foreign proceedings
31. Presumption of insolvency based on recognition of foreign main proceedings
32. Rule of payment in concurrent proceedings

CHAPTER 6. GENERAL PROVISIONS
33. [Repealed by Act 2001_042_047 - was entitled “Amendment of section 149 of Act 24 of 1936”]
34. Short title

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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