The Twelfth Meeting

This meeting of the EEC Bankruptcy Convention Advisory Committee focused on the reservations on the Convention proposed by other Member States and their domestic laws(e.g. Germany), as well as reservations of the UK. The meeting looked at the extent to which those reservations would undermine the Convention, and also whether reservations are likely to result in an favourable amendment.

The notes give a summary of each member’s comments, observations and suggestions during the meeting.

A number of Protocol Articles have been discussed and critiqued.

The Fourteenth Meeting

The notes reflect on the thirteenth meeting, in which the Insolvency Bill was discussed. The meeting then discussed Articles 61-78, and 62 to 82 of the EEC’s Insolvency Convention. Then the question of preferential creditors was also briefly discussed.

On page 18, there is the agenda of the fourteenth meeting. And on page 19, you will find the agenda for the eighth meeting.

The Fifteenth Meeting

The notes on page 20, there is an outline of the meeting, which focused on a Consultative paper edited by Mr Muir Hunter QC. On page 22, you will find the report on the fifteenth meeting of the inter-departmental working party, in which it discussed Articles 3-11 of the Insolvency Convention.

The Sixteenth Meeting

In this meeting, a provisional programme for the months ahead was discussed. The programme is on page 29. The 16th meeting of the inter-departmental working party reflected on the position of banks and insurance companies with regards to the current law(e.g. the insurance Directive), and how this position might be affected by the Convention.

The Seventeenth Meeting

The report of the 17th meeting is to be found further down in the document on page 49. It discusses a number of concepts including the centre of administration, and the concept of establishment. It also discusses transfer rules. The relevant Convention Articles of these topics are 5-12.

The eighteenth meeting

The meeting discusses Articles 13, 15-17 of the Convention. It also discusses the subjects of a deceased Insolvent’s estate, Deeds of Arrangement, receivership, voluntary liquidations, criminal bankruptcy orders, persons and entities, insurance companies, and other excluded undertaking.

On the scope of the Convention, Mr Muir Hunter suggested that the Foreign Office should advise on whether the Convention applies to the Isle of Man and the Channel Islands.

The conclusion was that the Convention should initially apply only to Member State, and subsequent application should be a matter for negotiations.

Memorandum on Jurisdiction

On page 40, you will find the committee’s comments on a number of Articles of the Insolvency Convention related to jurisdiction including the concept of establishment, the jurisdiction to declare the debtor bankrupt and conflict of jurisdictions. These notes highlight a number of shortcomings in drafting of the Articles concerned, and makes re-drafting recommendations.

EEC Meetings 13-18th