No. 7/2018
INSOLVENCY
Cap. 6:07
(2) The Court may communicate directly \\·ith, or request information or
assistance directly from, foreign Courts or foreign representatives.
176 Cooperation and direct communication between the trustee, liquidator,
corporate rescue practitioner, curator, or receiver and foreign Courts or
foreign representatives
(I) In matters referred to in section 141 (I), a trustee, Iiq uidator, corporate rescue
practitioner, curator, or receiver must, subject to the supen·ision of the Court, cooperate
to the maximum extent possible with foreign Courts or foreign representati\·es.
(2) The trustee, liquidator, corporate rescue practitioner, curator of an institution,
or receiver may, in the exercise of his or her or its functions and subject to the supervision
of the Court, communicate directly with foreign Courts or foreign representatives.
177 Forms of cooperation
Cooperation referred to in sections 165 and 166 may be implemented by any
appropriate means, including(a)
appointment of a person to act at the direction of the Court;
(b)
communication of information by any means considered appropriate b)
the Court;
(c)
coordination of the administration and supervision of the debtor's assets
and affairs;
(d)
approval or implementation by Courts of agreements concerning the
coordination of proceedings;
(e)
coordination of concurrent proceedings regarding the same debtor.
SUB-PART 5-CONCURRENT PROCEEDINGS
178 Commencement of proceedings under laws of Zimbabwe relating to
insolvency after recognition of foreign main proceedings
(I) After recognition of foreign main proceedings, proceedings under the laws
of Zimbabwe relating to insoh·ency may be commenced only if the debtor has assets
in Zimbabwe.
(2) The effects of such proceedings are restricted to the assets of the debtor
that arc located in Zimbabwe and, to the extent necessary to implement cooperation
and coordination under sections 165, 166 and 167, to other assets of the debtor that,
under the law of Zimbabwe, should be administered in those proceedings.
179 Coordination of proceedings under laws of Republic of Zimbabwe relating
to insolvency and foreign proceedings
( 1) Where foreign proceedings and proceedings under the laws of Zimbabwe
relating to insolvency arc taking place concurrently regarding the same debtor, the
Court must seek cooperation and coordination under sections l6.'i, 166 and 167, and
when the proceedings in Zimbabwe(a)
are taking place at the time that the application for recognition of the
foreign proceedings is filed(i) any relief granted under section 159 or 161 must be consistent with
the proceedings in Zimbabwe; and
(ii)
(b)
if the foreign proceedings are recognised in Zimbabwe as foreign
main proceedings, section 161 does not apply;
commence after recognition, or after the filing of the application for
recognition, of the foreign proceedings318
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