| Under the EC Regulation on Insolvency Proceedings if | | | | - Details of the bankrupts NI number and of his |
| you live in a member state, except Denmark, you can | | | | employment contract plus UK tax reference. |
| only open insolvency proceedings (make yourself | | | | - Has the Petitioner informed his creditors of his move |
| bankrupt) in the country where you have your "centre | | | | to the UK |
| of main interests" or COMI. | | | | - Is the command of the language commensurate with |
| There is no definition of a centre of main interests but | | | | the employment being undertaken. This helps verify |
| the Court will usually regard the country where you | | | | whether the employment is genuine or not. |
| carry on a business or earn your living as your centre | | | | Where investigations reveal that the COMI has been |
| of main interest. The Court will also consider the place | | | | correctly stated, then the process must proceed in |
| where you normally live, i.e. your country of habitual | | | | exactly the same way as for any other bankruptcy. |
| residence. If you are not employed or self-employed | | | | There is no definition of what the COMI is but is has |
| your centre of main interests will be the country you | | | | been said that "The ‘centre of main interests' |
| normally live in at the date of the petition. | | | | should correspond to the place where the debtor |
| When the petition has been presented and the | | | | conducts the administration of his interests on a regular |
| bankruptcy order made the Official Receiver is able | | | | basis and is therefore ascertainable by third parties". |
| where he has suspicions as to the legitimacy of the | | | | In broad terms this will be the country in which the |
| COMI to make enquiries to establish whether or not | | | | debtor mainly carries out their trade, profession or self |
| the order has been correctly made in the UK. | | | | employment. Where the debtor does not trade or |
| The guidance suggests that this will most likely be | | | | carry on a profession, the state in which he/she |
| done when:- | | | | habitually resides is considered to be the COMI |
| - The debtor is a foreign national who appears to have | | | | The COMI is determined at the date the petition is |
| been resident in the UK for less than 12 months and; | | | | presented and not where, historically, the relevant |
| - All the debts disclosed are to creditors outside the | | | | activity was carried out. Therefore, the location of |
| UK. | | | | creditors and the country in which debts were incurred |
| An initial contact form may be used to verify whether | | | | are not material issues in determining a COMI. |
| or not the COMI has been correctly stated. | | | | Official receivers have been told to note that the |
| The further investigations which can be pursued are | | | | majority of EU citizens who seek the protection of the |
| as follows. | | | | bankruptcy court will have genuinely relocated to the |
| - A check can be made on the address given to see | | | | UK. They may have decided to move simply to take |
| that it is occupied by the petitioner and not merely an | | | | advantage of more favourable insolvency legislation |
| agents address. | | | | but, crucially, so long as the re-location is real then the |
| - Evidence of settlement in the UK can be obtained | | | | bankruptcy order would be correctly made in the UK. |
| such as telephone bills hosing UK calls, credit card | | | | In summary, it is the fact of the relocation, rather than |
| statement showing UK purchases, shopping receipts | | | | the intention behind, the re-location which is the decisive |
| and cash point withdrawal slips. | | | | factor. |