[ skip to content ]

The Hidden Voyage of a Dying Italian Company, from the Mediterranean Sea to Albion

Mucciarelli, Federico (2012) 'The Hidden Voyage of a Dying Italian Company, from the Mediterranean Sea to Albion.' European Company Financial Review, 9 (4). pp. 571-579.

Full text not available from this repository.

Abstract

For the first time, the European Court of Justice addresses a case of a cross-border transfer of registered office before the filing for insolvency. The Interedil decision makes clear that the location of a debtor’ s centre of main interests (“COMI”) is to be assessed as of the moment of filing for insolvency. Furthermore, the ECJ addresses the question of the evidence required to overcome the presumption that the COMI coincides with a corporation’s registered office. However, behind these relevant cross-border insolvency issues hides a strange story of corporate mobility from Italy to England, which shows the need for further harmonization throughout the EU in the field of cross-border transfer of register offices.

Item Type: Journal Article
Keywords: Insolvency, Forum shopping, COMI, Reincorporation, transfer of registered office
SOAS Departments & Centres: Departments and Subunits > School of Finance & Management
Legacy Departments > Faculty of Law and Social Sciences > School of Finance and Management
Legacy Departments > Faculty of Law and Social Sciences > School of Finance and Management > Centre for Financial and Management Studies (CeFiMS)
Subjects: K Law > KJ Europe
ISSN: 16132556
DOI (Digital Object Identifier): 10.1515/ecfr-2012-0571
Depositing User: Federico Mucciarelli
Date Deposited: 04 Feb 2013 09:45
URI: http://eprints.soas.ac.uk/id/eprint/14849

Statistics

Download activity - last 12 months
Downloads since deposit
0Downloads
215Hits
Accesses by country - last 12 months
Accesses by referrer - last 12 months

Research Mentions and Reach

Additional statistics for this record are available via IRStats2

Repository staff only

Edit Item Edit Item