Document ID: chunk:federal_register_of_legislation:C2021C00032:schedule:1:p4
Version: federal_register_of_legislation:C2021C00032
Segment Type: schedule
Provision Reference: sch 1 (pt 4/12)
Character Range: 24515–27372

circumstances, some other form of notification would be more appropriate. No rogatory letters or other similar formality is required.

3. When a notification of commencement of a proceeding is to be given to foreign creditors, the notification shall:

 (a)  Indicate a reasonable time period for filing claims and specify the place for their filing;

 (b)  Indicate whether secured creditors need to file their secured claims;

 (c)  Contain any other information required to be included in such a notification to creditors pursuant to the law of this State and the orders of the court.

CHAPTER III. RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF

Article 15

Application for recognition of a foreign proceeding

1. A foreign representative may apply to the court for recognition of the foreign proceeding in which the foreign representative has been appointed.

2. An application for recognition shall be accompanied by:

 (a)  A certified copy of the decision commencing the foreign proceeding and appointing the foreign representative; or

 (b)  A certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative; or

 (c)  In the absence of evidence referred to in subparagraphs (a) and (b), any other evidence acceptable to the court of the existence of the foreign proceeding and of the appointment of the foreign representative.

3. An application for recognition shall also be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative.

4. The court may require a translation of documents supplied in support of the application for recognition into an official language of this State.

Article 16

Presumptions concerning recognition

1. If the decision or certificate referred to in paragraph 2 of article 15 indicates that the foreign proceeding is a proceeding within the meaning of subparagraph (a) of article 2 and that the foreign representative is a person or body within the meaning of subparagraph (d) of article 2, the court is entitled to so presume.

2. The court is entitled to presume that documents submitted in support of the application for recognition are authentic, whether or not they have been legalized.

3. In the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests.

Article 17

Decision to recognize a foreign proceeding

1. Subject to article 6, a foreign proceeding shall be recognized if:

 (a)  The foreign proceeding is a proceeding within the meaning of subparagraph (a) of article 2;

 (b)  The foreign representative applying for recognition is a person or body within the meaning of subparagraph (d) of article 2;

 (c)  The