No. 7/2018
INSOLVENCY
Cap.6:07
161 Application by foreign representative to commence proceedings under
laws of Republic of Zimbabwe relating to insolvency
A foreign representative may apply to commence proceedings under the laws of
Zimbabwe relating to insolvency if the conditions for commencing such proceedings
are otherwise met.
162 Participation of foreign representative in proceedings under laws of
Republic of Zimbabwe relating to insolvency
Upon recognition of foreign proceedings, the foreign representative may
participate in proceedings regarding the debtor under the laws of the Zimbabwe relating
to insolvency.
163 Access of foreign creditors to proceedings under laws of Republic of
Zimbabwe relating to insolvency
( l) Subject to subsection (2), foreign creditors have the same rights regarding
the commencement of, and participation in, proceedings under the laws of Zimbabwe
relating to insolvency as creditors in Zimbabwe.
(2) The ranking of claims in respect of assets in Zimbabwe is regulated by the
law and practice of Zimbabwe on the ranking of claims.
164 Notification to foreign creditors of proceedings under laws of Republic
of Zimbabwe relating to insolvency
( l) Whenever under the laws of Zimbabwe relating to insolvency notification
is to be given to creditors in Zimbabwe, such notification must also be given to the
known creditors that do not have addresses in Zimbabwe.
(2) The court may order that appropriate steps be taken to notify any creditor
whose address is not yet known.
(3) In giving notice to foreign creditors no letters rogatory or other, similar
formality is necessary.
(4) When a notification of commencement of proceedings is to be given to
foreign creditors, the notification must(a)
indicate a reasonable time period for filing claims and specify the place
for their filing; and
(b)
indicate whether secured creditors must file their secured claims; and
(c)
contain any other information required to be included in such a notification
to creditors in terms of the law of Zimbabwe and the orders of the court.
SuB-PART 3-RECOGNITION OF FOREIGN PROCEEDINGS AND RELIEF
165 Application for recognition of foreign proceedings
( l) A foreign representative may apply to the Court for recognition of the
foreign proceedings in which the foreign representative has been appointed.
(2) An application for recognition must be accompanied by(a)
a certified copy of the decision commencing the foreign proceedings and
appointing the foreign representative; or
(b)
a certificate from the foreign Court affirming the existence of the foreign
proceedings and of the appointment of the foreign representative; or
in the absence of evidence referred to in paragraphs (a) and (b), any
other evidence acceptable to the Court of the existence of the foreign
proceedings and of the appointment of the foreign representative.
(c)
314
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