Determination of COMI in international insolvency proceedings and its effects on the determination of applicable law in cases of corporate bodies responsibilities
2019
Abstract
The purpose of this article is to find answer to following issues, which are inter dependent. The first issue is the determination of COMI in cases of international insolvency proceedings.
The later issue, which is dependent on the solving of the COMI, is determination of applicable law for the potential responsibilities of corporate bodies of the debtor. The article deals manly with cases, when the COMI and statutory seat of the debtor are in different member states.