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Amendment of section 11 of Act of 1988
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32. Section 11(1) of the Act of 1988 is amended by—
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(a) the substitution of the following paragraph for paragraph (d):
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“(d) (i) the debtor’s centre of main interests is situated in the State,
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(ii) the debtor’s centre of main interests is situated in another member state and the debtor has an establishment within the State, or
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(iii) the Insolvency Regulation1
does not apply to the proceedings, and the debtor (whether an Irish citizen or not)—
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(I) is domiciled in the State, or
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(II) within 3 years before the date of the presentation of the petition—
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(A) has ordinarily resided or had a dwelling-house or place of business in the State,
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(B) has carried on business in the State personally or by means of an agent or manager, or
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(C) is, or within the said period has been, a member of a partnership which has carried on business in the State by means of a partner, agent or manager.”,
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and
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(b) the insertion of the following subsection after subsection (5):
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“(6) For the purposes of this section, ‘centre of main interests’ shall be construed in accordance with the Insolvency Regulation.”.
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1 OJ No. L 141, 5.6.2015, p. 19 |
