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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