Cap. 6:07
INSOLVENCY
(e)
(f)
(g)
No. 7/2018
entrusting the administration or realisation of all or part of the debtor's
assets located in Zimbabwe to the foreign representative or another person
designated by the Court;
extending relief granted under section 159(1 );
granting any additional relief that may be available to a trustee, liquidator,
corporales rescue practitioner, curator of an institution, or receiver under
the laws of Zimbabwe.
(2) Upon recognition of foreign proceedings, whether main or non main, the
Court may, at the request of the foreign representative, entrust the distribution of all or
part of the debtor's assets located in Zimbabwe to the foreign representative or another
person designated by the Court, if the Court is satisfied that the interests of creditors
in Zimbabwe are adequately protected.
(3) In granting relief under this section to a representative of foreign non main
proceedings, the Court must be satisfied that the relief relates to assets that, under the
law of Zimbabwe, should be administered in the foreign non main proceedings or
concerns information required in those proceedings.
(4) Without derogating from the application of laws of Zimbabwe generally, in
granting relief under this section the court must indicate the laws of Zimbabwe relating
to the administration, realisation or distribution of a debtor's estate in Zimbabwe that
will apply.
172 Protection of creditors and other interested persons
(I) In granting or denying relief under section 160 or 162, or in modifying or
terminating relief under subsection (3), the Court must be satislled that the interests of
the creditors and other interested persons, including the debtor, are adequately protected.
(2) The Court may subject relief granted under section 160 or 162 to the
conditions it considers appropriate.
(3) The Court may, at the request of the foreign representative or a person
affected by relief granted under section 159 or 160, or of its own motion, modify or
terminate such relief.
173 Actions to avoid acts detrimental to creditors
( 1) Upon recognition of foreign proceedings, the foreign representative has
standing to initiate any legal action to set aside a disposition that is available to a trustee
or liquidator under the laws of Zimbabwe relating to insolvency.
(2) When the foreign proceedings arc foreign non main proceedings, the court
must be satisfied that the legal action relates to assets that, under the law of Zimbabwe,
should be administered in the foreign non main proceedings.
174 Intervention by foreign representative in proceedings in Zimbabwe
Upon recognition of foreign proceedings, the foreign representative may intervene
in any proceedings in which the debtor is a party pro\·idcd the requirements of the law
of Zimbabwe are met.
SUB-PART 4-COOPERATION WITH FOREIGN COURTS AND FOREIGN REPRESENTATIVES
175 Cooperation and direct communication between Court of Zimbabwe and
foreign Courts or foreign representatives
(!)In matters referred to in section 141(1), the Court must cooperate to the
maximum extent possible with foreign Courts or foreign representatives, either directly
or through a trustee, liquidator, corporate rescue practitioner, curator. or receiver.
317
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