Presumed COMI and registered office of company subject to insolvency proceedings under the new EU regulation on insolvency proceedings

Presumption, time limit for change of registered office and rationale behind the rule

1. Pursuant to art. 3(1) of Council Regulation (EC) No 1346/2000, the courts of the Member State within the territory of which the debtor’s centre of main interests (COMI) is situated shall have jurisdiction to open insolvency proceedings.Under Regulation (EU) 2015/848 (the Regulation) the place of the registered office is still presumed to be the debtor’s COMI, but now such presumption «shall only apply if the registered office has not been moved to another Member State within the 3-month period prior to the request for the opening of insolvency proceedings»…