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S.L. 371.12 · Credit Institutions (Reorganisation And (S.L. 371.12)

S.L. 371.12 Art. 31Detrimental acts.

PART III – PROVISIONS COMMON TO REORGANISATION

In KraftAmtlicher Text

(1) Regulation 11 shall not apply as regards the rules relating to the voidness, voidability or unenforceability of legal acts detrimental to the creditors as a whole, where the beneficiary of these acts provides proof that:

(a) the act detrimental to the creditors as a whole is subject to the law of a Member State or EEA State other than the home State, and

(b) that law does not allow any means of challenging that act in the case in point.

(2) Where a reorganisation measure decided on by a judicial authority provides for rules relating to the voidness, voidability or unenforceability of legal acts detrimental to the creditors as a whole performed before adoption of the measure, regulation 4(2) shall not apply in the cases provided for in this regulation.