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Home Private International Law Insolvency Regulation (recast)

Chapter III · SECONDARY INSOLVENCY PROCEEDINGS › Article 37

Right to request the opening of secondary insolvency proceedings

1.   The opening of secondary insolvency proceedings may be requested by:

(a)

the insolvency practitioner in the main insolvency proceedings;

(b)

any other person or authority empowered to request the opening of insolvency proceedings under the law of the Member State within the territory of which the opening of secondary insolvency proceedings is requested.

2.   Where an undertaking has become binding in accordance with Article 36, the request for opening secondary insolvency proceedings shall be lodged within 30 days of having received notice of the approval of the undertaking.

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