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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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 |
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| As unamended Act 2000_042_000_20001215 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2001_042_000_20011207 | N/A | REQ.INFO | LINK |
| As amended by Act 2003_055_000_20040331 | N/A | REQ.INFO | LINK |
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