IIL: Global Perspective

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samparkin92
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Last updated: May 6, 2025
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First submittedMay 6, 2025
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Who applies to the court for recognition?
Foreign representative
What must the application include?
Certified copy of commencement (in foreign state)
Proof of appointment
Statement (identifying all known foreign proceedings concerning the debtor)
What can be applied for before recognition?
Provisional relief
Examples
Stay of execution
Asset protection
Sell (concerns perishable goods)
What does the court determine about the proceeding at recognition?
Foreign Main Proceeding (FMP)
Foreign Non-Main Proceeding (FNMP)
Two types of relief
Automatic
Discretionary
What is needed between the local and foreign representatives?
Communication
Cooperation
What must the court ensure about foreign creditors
Notified
Treated no less favourably
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