Cross-Border Insolvency Act 2026 · Updated to 30 Jan 2026 · Part III · Recognition of Foreign Proceedings and Relief
16. Presumptions of recognition
Feedback & supportIf the decision or certificate referred to in subsection 15(2)
indicates that the proceedings in respect of which an application for recognition of foreign proceedings is made are foreign proceedings within the meaning of subsection 2(1) and that the person or body making the application is a foreign representative within the meaning of subsection 2(1), the Court is entitled to so presume.
foreign proceedings
“foreign proceedings” means collective judicial or administrative proceedings in a foreign State, including interim proceedings, under the law relating to insolvency in which proceedings the property and affairs of the debtor are subject to control or supervision by a foreign court, for the purposes of reorganization or liquidation;
The Court may presume that the document submitted in support of the application for recognition of foreign proceedings is authentic, whether or not the document has been legalized.
In the absence of proof to the contrary, the debtor’s place of registered office is presumed to be the debtor’s centre of main interests.
debtor
“debtor” means— (a) a corporation as defined in section 3 of the Companies Act 2016 but does not include limited liability partnership and foreign limited liability partnership; or (b) a corporation as defined in section 2 of the Labuan Companies Act 1990;
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