EC Regulation: COMI And Establishment

In an important legal development, the High Court has ruled that a company incorporated in England and Wales has neither its COMI nor its "establishment" in the jurisdiction.

The case highlights how important it is to carefully consider where a company’s COMI and/or establishment are in advance of instigating an insolvency process, and the danger of making assumptions based on the location of the registered office.

It also demonstrates the problem of appointing administrators out of Court when there are issues as to the whereabouts of a company’s COMI or establishment.

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