Cap. 6:07
iNSOLVENCY
No. 7/2018
(3) An application for recognition must also be accompanied by a statement
identifying all foreign proceedings in respect of the debtor that arc known to the foreign
rcprescntati ve.
(4) The Court may require a translation of documents supplied in support of
the application for recognition into an official language of Zimbabwe.
166 Presumptions concerning recognition
(I) If the decision or certificate referred to in section 165(2) indicates that the
foreign proceedings are proceedings defined in terms of section 150 and that the foreign
representati\e is a person or body def1ned in terms of section 150, the Court may so
presume.
(2) In the absence of evidence to the contrary the Court may presume that
documents submitted in support of the application for recognition are authentic, whether
or not they have been authenticated.
(3) In the absence of evidence to the contrary, the debtor's registered office,
or habitual residence in the case of an indi,·idual, is presumed to be the centre of the
debtor's main interests.
167 Decision to recognise foreign proceedings
(1) Subject to section 146, the Court must recognise foreign proceedings if-
(a)
the foreign proceedings arc proceedings defined in terms of section 150;
and
(b)
the foreign representative applying for recognition is a person or body
defined in terms of section 150; and
(c)
the application meets the requirements of section 155(2).
(2) The Court must recognise the foreign proceedings(a)
as foreign main proceedings if they are taking place in the State where
the debtor has the centre of his or her or its main interests; or
(b)
as foreign non main proceedings if the debtor has an establishment in the
foreign State.
(3) An application for recognition of foreign proceedings must be decided upon
at the earliest possible time.
(4) Sections 155. 156, 157 and 158 do not prevent modiflcation or termination
of recognition if it is shown that the grounds for granting it were fully or partially
lacking or have ceased to exist.
168 Subsequent information
From the time of filing the application for recognition of the foreign proceedings.
the foreign representative must inform the Court promptly of(a)
any change in the status of the recognised foreign proceedings or the
status of the foreign representative's appointment; and
(b)
any other foreign proceedings regarding the same debtor that become
known to the foreign representative.
169 Relief that may be granted upon application for recognition of foreign
proceedings
( 1) From the time of filing an application for recognition until the application is
decided upon, the Court may, at the request of the foreign representati,·e. where relief
315
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