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11 Corporate Insolvency and Personal Bankruptcy

From: Private International Law in English Courts

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 13 August 2022

Insolvency — Jurisdiction under the Brussels I Regulation — Applicable law — COMI and forum shopping — Insolvency proceedings in the EU — Article 23
11.01 The simple dissolution of companies under the lex incorporationis is one thing, but the winding up of companies is more complex. It was seen in the previous chapter that the impact of European legislation requires a distinction to be observed between solvent and insolvent companies when one is dealing with winding up.1 The position of solvent companies has been considered: so far as solvent companies are concerned, English courts may wind up a company registered in England,2 but a solvent company may not be wound up if it has a seat in another Member State...
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