This paper deals with the new rules on the debtor’s ‘centre of main interests’ (COMI) laid down by EU Regulation 2015/848 (Recast). This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that the ‘ascertainability’ prerequisite could even prove to be problematic when insolvency occurs within an enterprise that is multinational in nature; and/or conducts its relationships with suppliers and customers through digital networks; and/or deals with a business having glocal considerations. Consequently, this paper puts forward a proposal for a better regulation that would aim both at fixing the regulatory flaws and at addressing more efficiently insolvencies within multinational, digital and glocal enterprises.
|Numero di pagine||22|
|Rivista||European Business Organization Law Review|
|Stato di pubblicazione||Published - 2019|
All Science Journal Classification (ASJC) codes
- Business and International Management
- Political Science and International Relations