Twenty-first meeting

The matters arising at this meeting are the draft Convention, the proposed amendments to the draft and the Final Report of the Committee.

The meeting reviewed Articles 4(c)(1), (c)(2), 4(d), 4(d), 4(f), Article 5, 6 and Article 42.

Civil and Commercial general preferences were also discussed. It was noted that it was wrong that preferential creditors enjoyed the most favourable rights conferred by law where assets were situated.

The Cork scheme was also discussed and amended.

Twenty third meeting

The meeting discussed the proposed re-draft of the U.L4(c)(1). The meaning of ‘knowledge’- whether subjective or objective- was also discussed.

A unity of phrases across the Convention is proposed to avoid situations where a recipient would ‘close his eyes’ to imputed knowledge.

The meeting also discussed civil and commercial general preferences. A re-draft of the Cork system on preferential creditors was proposed by Mr Avis.

The principles of the Convention were also discussed, as well as jurisdiction.

Twenty-fourth meeting

The matters discussed included notes of dissension, floating charges, jurisdiction, and the Uniform Law section of the report of the Sub-Committee.

Twenty-fifth meeting

Re-drafting discussions were undertaken.

Twenty-seventh meeting

The committee agreed to name Chapter VIII of the Final report, and also discussed floating charges.

Judge Noel’s statement

On page 44, you will find a statement on the draft by Mr Jean Noel, Judge of the French Supreme Court of Appeal, and chairman of the Committee of experts.

 

EEC Meetings 22- Colloqium