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Part 12 · International insolvency law  ›  Division 2 · Foreign insolvency proceedings › Section 348

Insolvency court with jurisdiction. Cooperation between insolvency courts

(1) That insolvency court has exclusive jurisdiction as regards the judgments referred to in sections 344 to 346 in whose district the registered office or, if there is no registered office, assets belonging to the debtor are situated. Section 3 (3) applies accordingly.

(2) If the conditions for recognition of foreign insolvency proceedings are met or clarification is required regarding whether those conditions are met, the insolvency court may cooperate with the foreign insolvency court, in particular when it comes to passing on information of importance in the foreign proceedings.

(3) The governments of the Länder are authorised, for the purposes of expedient furtherance or expedited conduct of proceedings, to allocate by way of a statutory instrument the judgments referred to in sections 344 to 346 for the districts of several insolvency courts to one of these for a ruling. The governments of the Länder may delegate such power to the Land departments of justice.

(4) The Länder may agree that the judgments in accordance with sections 344 to 346 are allocated for several Länder to the courts of one Land. If a request in accordance with sections 344 to 346 is received by a court which lacks jurisdiction, the latter forwards the request without delay to the court with jurisdiction and informs the person filing the request thereof.

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