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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.

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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
Copyright Statement: © 2012 Walter de Gruyter GmbH, Berlin/Boston. This is the published version of record. For information on re-use, please refer to the publisher’s terms and conditions.
DOI (Digital Object Identifier): https://doi.org/10.1515/ecfr-2012-0571
Date Deposited: 04 Feb 2013 09:45
URI: https://eprints.soas.ac.uk/id/eprint/14849

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