17. Decision to recognize foreign proceedings

Terms defined in s 2

• Court

  Court

  Defined · s 2

  “Court” means the Court as referred to in section 5;

  Open s 2
• debtor

  debtor

  Defined · s 2

  “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;

  Open s 2
• establishment

  establishment

  Defined · s 2

  “establishment” means any place where the debtor has property, or any place of operations where the debtor carries out a non-transitory economic activity with human means and property or services;

  Open s 2
• foreign main proceedings

  foreign main proceedings

  Defined · s 2

  “foreign main proceedings” means foreign proceedings taking place in a foreign State where the debtor has its centre of main interests;

  Open s 2
• foreign non-main proceedings

  foreign non-main proceedings

  Defined · s 2

  “foreign non-main proceedings” means foreign proceedings other than foreign main proceedings taking place in a foreign State where a debtor has an establishment;

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• foreign proceedings

  foreign proceedings

  Defined · s 2

  “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;

  Open s 2
• foreign representative

  foreign representative

  Defined · s 2

  “foreign representative” means a person or body appointed, including a person or body appointed on an interim basis, and authorized in foreign proceedings to administer the reorganization or liquidation of a debtor’s property or affairs or to act as a representative of the foreign proceedings.

  Open s 2