Law of changes in bankruptcy law mv. (Border Overwhelming Insolvenstreatment)

Date	LAW-2016-06-17-55
Ministry of	The Justis and the Department of Emergency
Last modified
Published	In 2016 booklet 8
Istrontrecation	King decides
Changing	LOV-1984--06--08-58 , LO-2005--06-17-90
Announcement	17.06.2016
Card title	Change law to bankruptcy law mv.

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Capital overview :

• IN
• II
• LII

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IN

In law 8. June 1984 # 58 on debt negotiation and bankruptcy are made the following changes :

Section 145 else clause new second period should sound :

This applies even if the Boets counterpart has regular verneying abroad.

Section 146 first clause first and second period should be sound :

Have Norwegian courts authority after Section 161 first joints, and the accusation's business is registered in the Foresight Register, hearing the treatment under the courthouse in the court of the court where the accusation has its main interests. Is the accusation's business not registered in the Foresight registry, hearing the treatment under the courthouse in the court of the court where the accusation has verneying after the dispute law Section 4-4 and Section 4-3 different joints.

New fourth part should sound :

Fourth part. The border overwhelming insolvenstreatment mv.

SECTION 161. Courthouse's site competency in international affairs

The debt negotiation or bankruptcy that encompasses the collective fortune can only be opened in Norway if the accusation has its main interests here. Unless, of course, any other allowance is considered and other impersonal law subjects for having their primary interests in the registered home state, or in the absence of such, the ordinance-specific home state.

Is the accusation a Norse foreign enterprise with major interests in a different state, and that has not been opened insolventreatment as mentioned in the first clause, the courthouse can in a court of law where the accusation has business site, open bankruptcy that includes enterprises fortune in Norway (particularly bankruptcy) if

a)	The legislation of the state where the accusation has its main interests, does not allow that to open insolvenstreatment that encompasses the guilt's overall fortune, or

b)	It is desired by a foraging residence that has its residence, its usual whereabouts or its home in Norway, or that has a foraging that outflows or has connection with the guilt business in Norway.

Is the accusation a Norse foreign enterprise with major interests in a different state, and that is opened insolventreatment as mentioned in Section 163 first clause of the enterprise, the courthouse can in a court of law where the accusation has business place, on the motion of the foreign insolvent trustee or a foraging as mentioned in the other clause b open bankruptcy that encompasses the wealth of enterprises in Norway.

Has several courthouse competency after other or third clause, hearing the treatment under the courthouse that first receives filed for bankruptcy. Section 146 other clauses apply accordingly.

SECTION 162. What court rules that come to the Applicability of Norwegian particularly bankruptcy

For bankruptcy as mentioned in Section 161 other and third joints, Norwegian law applies to the limitations that follow by the law here and of the treatment only include the guilt of guilt in Norway.

For bankruptcy after Section 161 other clause applies Section 60 to 63 equivalent as far as they fit. Concourse after Section 161 third clause can be opened independently of the guilt's insolvency. Any petition filed for foreclosure words under bankruptcy as mentioned in Section 161 other and third joints must be placed by the insolvenator for the main insolvent treatment.

SECTION 163. What foreign main insolvent treatments that have effects in Norway

Opening of a foreign insolvent treatment that encompasses the collective fortune has such effect in Norway as indicated in Section 164 to 166, if

a)	it is opened where the accusation has its main interests,

b)	it is collective,

c)	it involves the guilt of the guilt or partly loses the rot over its fortune,

d)	it has been appointed a person or organ with task to manage or realize the guilt of guilt or to lead supervision with the management of the guilt of guilt and interests (insolvenstrustee),

e)	The accusation is a legal person, and

f)	The insolvent treatment has been opened in a state that after its national right recognizes the equivalent of the insolvenstreatment opened in Norway.

The first clause does not apply to insolventreatment in credit institutions, insurance enterprises, pension enterprises, securities enterprises and other enterprises reauthored by Directive 2001 /24/EF, UCITS fund and alternative investment fund when insolventreatment has been opened in a state that is reauthored by the European Parliament and Council Regulation 2015/848. For insolventreatment that has been opened in other states, first clause does not apply to insolventreatment in banks, other credit institutions, pension enterprises and insurance companies.

The Ministry can in regulation give rules about the exception of foreign insolvenstreatment as mentioned in the first clause, herunder rules that outfill, precision or make exceptions from the rules of other clause.

SECTION 164. Foreign main insolvent treatment effects for assets in Norway

Foreign insolventreatment as mentioned in Section 163's first clause has the same effect for the guilt of guilt over its assets in Norway as the insolventreatment has in the state where it has been opened. The same applies to the extent of the foreign Boets's impact directly opposite the accusation. By the way, the guilt of guilt comes in Norway in the same position of such insolventreatment as by debt negotiation or bankruptcy that opens here, nonetheless so that

a)

voluntary judicial foundation in assets in Norway is facing insolvenstreatment if such a court of justice that secures the judicial foundation of the Norwegian debt negotiation or bankruptcy, is beset by the day before the announcement in Norway, and the erver does not known or should know the foreign insolvenstreatment,

b)	The deadline of the day of reflation is considered to be the day the opening of the foreign insolvenstreatment announced in Norway, and

c)	court-net litterett, retirees, and other security right in assets belonging to the guilt of the guilty and who are located in Norway at the opening of the insolvent treatment, not berating, unless the estate has the right to reflation.

Norwegian right is also deciding

a)	whether a voluntary judicial foundation has court-facing a foreign insolvent treatment that reacted in Section 163 first clause, if the asset part was located in Norway at the time of the Court of Rights Foundation,

b)	whether a voluntary outline can be resounded at foreign insolvenstreatment that reacted in Section 163 first clause, if the asset section was here at the time of the outline,

c)	whether the guilt-related controversy over the foreign estate has the right to halt, raise or hold back their own performance, if the applicable asset section was here when the beatification was invoked. The same applies at the sale of sales and right as equal equality of sale.

The first clause is not an obstacle to the opening of bankruptcy that reacted in Section 161 third clause and applies to the limitations that follow of such bankruptcy or of bankruptcy as mentioned in Section 161 other clauses.

SECTION 165. Foreign insolvenstreatment effect for versing dispute matters

Foreign insolvenstreatment as mentioned in Section 163 has the same effect for versing dispute cases in Norway as Norwegian insolventreatment.

SECTION 166. Foreign main insolvening effect on unjustified compliance or the edict of the guilt

Upon settlement in Norway of a foraging that is due to foreign living as mentioned in Section 163's first clause, the estate can only invoke that the accusation is unwarranted if the terms of Section 100 other clauses are met. Corresponding applies to the cancellation of the edict as mentioned in Section 100 other clauses. Section 100 third joints apply accordingly.

SECTION 167. Effects of and consummation of foreign insolvently legal decisions

Foreign court decision to meet in connection with or is closely related to insolvenstreatment as mentioned in Section 163 first clause, and which is not in violation of Section 164, 166 and 169 are binding in Norway in the same way as in the opening state, and can be fulfilled here. The same goes for foreign court decision on the raw ban that is meeting after motion for the opening of insolvenstreatment as mentioned in Section 163's first clause has been protested, but before it is settled.

SECTION 168. Foreign particular solvent treatment impacts in Norway

Owned as part of a foreign insolvent treatment that only includes the guilt of guilt in the opening state, and that fulfills the terms of Section 163 first clause letter b, c, d, e and f, will not be retaken by debt negotiation or bankruptcy after the law here.

It cannot be taken place in assets that are retaken by the foreign insolvent layer, and as unwarranted has been brought to Norway after the book opening.

Section 164 first clause third-period letter b and other clause letter b applies equivalent to the requirement of reflation from the foreign estate, nonetheless so that the deadline of omidation is considered to be the day of the opening of the insolvenment treatment.

Section 167 applies to the equivalent of as far as it fits.

SECTION 169. Foreign insolvenstreatment effects for working conditions

Foreign insolvenstreatment effects for working conditions are determined by the state of the state legislation that applies to the working relationship.

SECTION 170. Virences in violation of basic principles of Norwegian right (order public)

Foreign insolvenstreatment and decision as mentioned in Section 167 have only effect in Norway so far it does not lead to a result that is incompatible with fundamental principles in Norwegian right.

SECTION 171 Foreign Insolventsteers court position

An insolvenstrustee for foreign insolvenstreatment as mentioned in Section 163's first clause has the same rights and authority as corresponding debt-end or boboards by Norwegian right, if this is not in violation of Section 164.

In connection with the belaments in Norway on behalf of the foreign estate, foreign insolvenaid can be issued a confirmed copy of the appointment of the uptake or a reference issued by the appointed organ of the appointment of the uptake. Is it address to make current impacts as mentioned in Section 164 to 166, the insolvenator can be required a reference from the organ that has opened the foreign insolvent treatment that the insolvenstreatment is of such a species as mentioned in Section 163 first clause or Section 168. It can be required confirmed the translation of such documents to Norwegian.

SECTION 172 Announcement and registration of foreign insolvenstreatment mv.

An insolvenssteward for foreign insolvent treatment that encompasses the collective fortune may require announcement in Norway by that insolventreatment has been opened. The Ministry of Justice can in regulation give closer regulations on the content of and the completion of the announcement and about the deletion of electronic stored information.

An insolvent trustee for foreign insolvent treatment that encompasses the collective fortune may require the opening of the insolvent treatment in Norwegian registers. The Ministry of Regulations can in regulation give closer regulations on such registration, herunder whether which registers such information can be required in, about the procedure of registration, about duty of the insolventer to delete registered information and about the steps of deletion.

A foraging holder may require such measures as mentioned in Section 75 third clause of the foreign raw ban as mentioned in Section 167 other period. The Ministry of Justice can in regulation give closer regulations on registration and deletion of foreign security decisions.

SECTION 173. Cooperation between Norwegian and foreign insolvenventers

Norwegian debt-end or booster is due to petition insolvenstrustee for foreign insolvenstreatment that applies to the same guilt, details of any relationship that may be of significance for the foreign insolvenstreatment, if this is not in violation of Section 160.

Norwegian debt ensnares or boos duties, as far as it is in the living room's interest, to cooperate with the insolvenator of foreign insolvenn treatment that applies to the same guilt.

Board of bankruptcy as mentioned in Section 161 other and third joints shall provide an insolvenssteward for foreign main insolvenon occasion to prominence suggestions for realization or the Applicability of the belongings involved in the Norwegian bankruptcy.

SECTION 174. The traveler's position in which the guilt is under insolventreatment in several states

A foraging can report its foraging in Norwegian debt negotiation or bankruptcy after the law here even if it also reported in foreign insolvening that applies to the same guilt.

An insolvenstrustee for foreign insolventreatment could face charges of a foregone complaint filed against this in Norwegian debt negotiation or bankruptcy after the law here that applies to the same guilt, if the foraging does not have the opposite of this or withdrawn The review of the migration back.

A claimant that has achieved dividends in a foreign insolvent treatment, is first participating in the soldering in Norwegian bankruptcy when forecasters with the same priority in the Norwegian bankruptcy have achieved the corresponding dividend in this one.

Decreases all receivables in such bankruptcy as mentioned in Section 161 other and third clause fully, should book transfer profits to the insolvent management of the insolvent treatment that includes the accusation's overall fortune, if this one is not terminated.

SECTION 175. The relationship of the Nordic bankruptcy Convention

The rules of convention 7. November 1933 mellem Norway, Denmark, Finnland, Iceland and Sweden on bankruptcy go in the relationship with the convention states ahead of the rules in the fourth part of the law here.

Current Section 161 and 162 are Section 176 and 177 in the fourth part.

II

In law 17. June 2005 No. 90 about mediation and trial in civil disputes shall Section 4-4 fourth, fifth and new sixth clause sound :

(4) The state has common verneying in Oslo. The county of the county, municipationally, and co-municipatics have common verneying where the main administration is located.

(5) Reality or composition without ordinary verneying after third and fourth joints have common verneying where the board has its seat, or where such cannot be indicated, the same place that the person subpoena shall be proclaimed for.

(6) Bos have average verneying in the court of law where they are treated.

LII

1.	The law applies from the time the King decides. The king can put in effect the individual regulations at different times.

2.	The law applies to foreign insolvent treatment that opens after the Commencement. The Ministry can give closer transition regulations.