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Section 16

Presumptions of recognition

of Cross-Border Insolvency Act 2026

ActIn forceProvision 16 of 35
Section 16
(1)

If 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.

(2)

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.

(3)

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.

Cross-Border Insolvency 17