Hi!
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263I Debtors against whom an adjudicator may make a bankruptcy order
(1) An adjudicator has jurisdiction to determine a bankruptcy
application only if—
(a) the centre of the debtor’s main interests is in England and
Wales, or
Wales, or
(b) the centre of the debtor’s main interests is not in a member
state of the European Union which has adopted the EC
Regulation, but the test in subsection (2) is met.
state of the European Union which has adopted the EC
Regulation, but the test in subsection (2) is met.
(2) The test is that—
(a) the debtor is domiciled in England and Wales, or
(b) at any time in the period of three years ending with the day
on which the application is made to the adjudicator, the
debtor—
(b) at any time in the period of three years ending with the day
on which the application is made to the adjudicator, the
debtor—
(i) has been ordinarily resident, or has had a place of
residence, in England and Wales, or
(ii) has carried on business in England and Wales.
residence, in England and Wales, or
(ii) has carried on business in England and Wales.
(3) The reference in subsection (2) to the debtor carrying on business
includes—
(a) the carrying on of business by a firm or partnership of which
the debtor is a member, and
(b) the carrying on of business by an agent or manager for the
debtor or for such a firm or partnership.
the debtor is a member, and
(b) the carrying on of business by an agent or manager for the
debtor or for such a firm or partnership.
(4) In this section, references to the centre of the debtor’s main interests
have the same meaning as in Article 3 of the EC Regulation.
Ich habe jetzt folgende Frage:
Welcher Fall kann mit s. 263I (2) (a) gemeint sein?
Wenn mein COMI entsprechend s. 263I (1) (b) in einem Nicht-EU-Land liegt, wie kann ich dann gem. s. 263I (2) (a) "domiciled" in England sein?? Wenn ich in England domiciled und nicht bloß resident bin, habe ich doch automatisch auch mein COMI im (noch) EU-Mitgliedsstaat UK.