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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Archivio Istituziona...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
SSRN Electronic Journal
Article . 2013 . Peer-reviewed
Data sources: Crossref
European Company and Financial Law Review
Article . 2015 . Peer-reviewed
Data sources: Crossref
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The 'COMI' Concept in the Revision of the European Insolvency Regulation

Authors: LATELLA, Dario;

The 'COMI' Concept in the Revision of the European Insolvency Regulation

Abstract

After ten years, the European Insolvency Regulation (EIR, Council Regulation n. 1346/2000) is going to be reformed. The Proposal of Reform (2012), as amended by the European Parliament (2014), approaches to the problem of the identification of the debtor's Centre of Main Interests (COMI), confirming the value of the registration office as the main formal indicator of the firm's seat. I will first introduce the issue, by explaining the contents of the Proposal. Second, I will examine the definition of COMI, according to the old version of the Regulation and to the forthcoming one. Finally, I will try to balance the fundamental freedom of establishment with the distortions caused by the "insolvency tourism". My final purpose is to confirm the value of registration office as the most reliable indicator of the firm's seat, but strengthening the presumption of jurisdiction by the introduction of a stronger "suspect period" rule.

Country
Italy
Related Organizations
Keywords

european law; INSOLVENCY; Company Law; COMI

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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