6.01 The real seat theory is not only present in the sphere of corporate affairs. It has also left its traces on European insolvency law. The Council Regulation (EC) 1346/2000 of 29 May 2000 on insolvency proceedings1 (hereinafter the ‘Insolvency Regulation’) has adopted a connecting factor that contains elements of the real seat theory. The centre of main interests (hereafter COMI) is the factor that confers international jurisdiction for insolvency proceedings within the EU.2 6.02 The Insolvency Regulation was adopted in order to promote the ‘proper functioning...
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