Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p27
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 63317–66074

has the same meaning in this Part as it has in the Cross‑Border Insolvency Act.
Note: The following expressions used in this Part (including in the notes to this Part) are defined in the Model Law as having the following meanings:
 establishment means any place of operations where the debtor carries out a non‑transitory economic activity with human means and goods or services.
 foreign court means a judicial or other authority competent to control or supervise a foreign proceeding.
 foreign main proceeding means a foreign proceeding taking place in the State where the debtor has the centre of its main interests.
 foreign non‑main proceeding means a foreign proceeding, other than a foreign main proceeding, taking place in a State where the debtor has an establishment as defined in the Model Law.
 foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.
 foreign representative means a person or body, including one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor's assets or affairs or to act as a representative of the foreign proceeding.
 (2) This Part is to be interpreted in a manner that gives effect to the Cross‑Border Insolvency Act.

14.03  Application for recognition
 (1) An application by a foreign representative for recognition of a foreign proceeding under article 15 of the Model Law must be made by filing an application in accordance with Form B2.
 (2) The application must:
 (a) be accompanied by the statements mentioned in article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act; and
 (b) name the foreign representative as the applicant and the debtor as the respondent; and
 (c) be accompanied by an affidavit verifying the matters mentioned in paragraphs 2 and 3 of article 15 of the Model Law and in section 13 of the Cross‑Border Insolvency Act.
 (3) When filing the application, the foreign representative must file, but need not serve, an interim application seeking directions as to service, and the Court may give any directions about service, and make any incidental orders, that it thinks just.
 (4) The applicant must serve a copy of the application and the other documents mentioned in subrule (2):
 (a) unless the Court otherwise orders—on each respondent (if any) to the proceeding as soon as practicable after filing an application and, in any case, at least 5 days before the date fixed for hearing; and
 (b) on any other