Establishing Centre of Main Interests (COMI) under the EC Regulation on insolvency [Archived]
Establishing Centre of Main Interests (COMI) under the EC Regulation on insolvency [Archived]

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Establishing Centre of Main Interests (COMI) under the EC Regulation on insolvency [Archived]
  • Warning
  • Reforms
  • EC Regulation on Insolvency guidance on COMI
  • EU Court of Justice's guidance on COMI
  • Virgos-Schmit report's guidance on COMI
  • Other UK cases on COMI
  • INSOL Europe: European Insolvency Regulation Case Register—guidance from other countries
  • Group companies
  • Relevant time for assessing COMI
  • more

Warning

This Practice Note reflects the position maintained up to 25 June 2017 before the coming into force of the Recast Regulation on Insolvency 848/2015, and is for historic purposes only. It will not be updated in respect of any new case law or developments. See Recast Regulation—establishing the centre of main interests (COMI) for corporates for the position post 26 June 2017.

Reforms

Substantial reforms are made to the EC Regulation on Insolvency, Regulation (EC) 1346/2000 (EC Regulation on Insolvency) under Recast Regulation on Insolvency, Regulation (EU) 848/2015 (Recast Regulation on Insolvency)—see Overview Document and Recast EC Regulation—establishing the Centre of Main Interests (COMI) for corporates. For the full text of the Recast Regulation on Insolvency, click here. For the full text of the EC Regulation on Insolvency, click here. For a destination table, see Practice Note: Recast Regulation on Insolvency—destination table.

Although the Recast Regulation on Insolvency entered force on 26 June 2015, the majority of the provisions are only effective from 26 June 2017 onwards—this was to allow Member States to familiarise themselves with the new provisions (a Corrigendum was published by the EC on 21 December 2016 clarifying that the Recast Regulation on Insolvency only applies to insolvency proceedings opened from 26 June 2017; the previous text said 'proceedings opened after 26