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Cross-Border Insolvency Act, 2000 (Act No. 42 of 2000)

Chapter 3  : Recognition of Foreign Proceedings and Relief

15. Application for recognition of foreign proceedings

 

 

(1) A foreign representative may apply to the court for recognition of the foreign proceedings in which the foreign representative has been appointed.

 

(2) An application for recognition must be accompanied by—
(a) a certified copy of the decision commencing the foreign proceedings and appointing the foreign representative; or
(b) a certificate from the foreign court affirming the existence of the foreign proceedings and of the appointment of the foreign representative; or
(c) in the absence of evidence referred to in paragraphs (a) and (b) , any other evidence acceptable to the court of the existence of the foreign proceedings and of the appointment of the foreign representative.

 

(3) An application for recognition must also be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative.

 

(4) The court may require a translation of documents supplied in support of the application for recognition into an official language of the Republic.