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ARTICLE · 24 NOVEMBER 2005

Administration orders over foreign companies - some issues

There has been a spate of cases in which the English court has made administration orders in respect of companies incorporated in various EU member states, having held that they had their centre of main interests (COMI) in the UK, more particularly in England.

United KingdomInsolvency/Bankruptcy/Re-Structuring
Peter Fidler
Peter Fidler

The practical difficulties faced by administrators when seeking to export their powers into another EU member state is an area on which insolvency practitioners and directors of companies facing insolvency ought to be aware. There has been a spate of cases in which the English court has made administration orders in respect of groups of companies incorporated in various EU member states, having held that they had their centre of main interests (COMI) in the UK, more particularly in England. Some of these cases have been controversial. In some cases, the administration orders have been attacked in the member state of incorporation.

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