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UNCITRAL Model Law on Cross-Border Insolvency
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UNCITRAL Model Law on Cross-Border Insolvency : ウィキペディア英語版
UNCITRAL Model Law on Cross-Border Insolvency

The UNCITRAL Model Law on Cross-Border Insolvency was a model law issued by the secretariat of UNCITRAL on 30 May 1997 to assist states in relation to the regulation of corporate insolvency and financial distress involving companies which have assets or creditors in more than one state.〔(【引用サイトリンク】title=UNCITRAL Model Law on Cross-Border Insolvency (1997) )
At present 23 jurisdictions have substantially adopted the Model Law.〔(【引用サイトリンク】title=Status - UNCITRAL Model Law on Cross-Border Insolvency (1997) )
==Purpose==

The preamble to the Model Law provides:
The Model Law is designed to provide a model framework to encourage cooperation and coordination between jurisdictions. Despite earlier proposals to do so, it does not attempt to unify substantive insolvency laws, and the Model Law respects the differences among the substantive and procedural laws of states.〔
The Model Law defines a cross-border insolvency is one where the insolvent debtor has assets in more than one state, or where some of the creditors of the debtor are not from the state where the insolvency proceeding is taking place.〔
UNCITRAL published the Model Law in response to concerns that the number of cross-border insolvency cases had increased significantly during the 1990s, but national and international legal regimes equipped to address the issues raised by those cases has not evolved at a similar pace. The absence of effective cross-border insolvency regimes was thought to have resulted in inadequate and uncoordinated approaches to cross-border insolvency which were both unpredictable and time-consuming in their application, lacking both transparency and the tools necessary to address the disparities between different national laws. As a result, it had become difficult to protect the residual value of the assets of financially troubled businesses, and impeded corporate rescue culture for cross-border entities.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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