Notwithstanding any provision of this chapter, the competent court, before which an application for recognition of a foreign bankruptcy proceedingswas made, may take into account the assumptions set out in this Article.
In particular, if the certified copy of the decision or the certificate referred to in article 256-14 state that the foreign proceedings is a foreign bankruptcy procedure, as defined in article 1-3 above, and that the representative of that procedure is a foreign representative, as defined in
article 1-3, the competent court may assume that it is so.
P. 132 of 139 The competent court shall also be empowered to presume that documents submitted in support of the application for recognition of the foreign bankruptcy proceedings are genuine, whether they have been certified or not.
Unless evidence to the contrary, in the case of a legal person, the registered office, or, in the case of an individual, the habitual residence of the debtor, shall be presumed to be the center of its principal interests.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 131
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