Model Law on Enterprise Group Insolvency of the United
Nations Commission on International Trade Law
A/RES/74/184
Recalling its resolution 52/158 of 15 December 1997, in which it expressed its
appreciation to the Commission for the adoption of the Model Law on Cross -Border
Insolvency of the United Nations Commission on International Trade Law, 1 which
deals with cross-border coordination, cooperation and recognition in relation to
insolvency proceedings concerning a single debtor, and its resolution 65/24 of
6 December 2010, in which it expressed its appreciation to the Commission for the
adoption of part three of the Legislative Guide on Insolvency Law of the United
Nations Commission on International Trade Law, 2 which deals with the treatment of
enterprise groups in insolvency, 3
Recognizing the need for a generally acceptable model law that would focus on
insolvency proceedings relating to multiple debtors that are members of the same
enterprise group, thereby extending the provisions of the Model Law on Cross -Border
Insolvency and part three of the Legislative Guide on Insolvency Law,
Convinced that the Model Law on Enterprise Group Insolvency, 4 adopted by the
Commission at its fifty-second session, fulfils that need and is expected to contribute
to the establishment of fair and internationally harmonized legislation on enterprise
group insolvency that respects national procedural and judicial systems,
Convinced also that the Model Law on Enterprise Group Insolvency provides
for the fair and efficient administration of enterprise group insolvencies, the
protection and maximization of the overall combined value of the assets and
operations of enterprise group members affected by insolvency and of the enterprise
group as a whole, the facilitation of the rescue of financially troub led enterprise
groups and the adequate protection of creditors and other interested persons,
including debtors,
1.
Expresses its appreciation to the United Nations Commission on
International Trade Law for finalizing and adopting the Model Law on Enterprise
Group Insolvency 4 and its guide to enactment;
2.
Requests the Secretary-General to transmit the text of the Model Law,
together with its guide to enactment, to Governments and interested bodies;
3.
Recommends that all States give favourable consideration to the Model
Law when revising or adopting legislation relevant to insolvency, bearing in mind the
need for internationally harmonized legislation governing and facilitating instances
of enterprise groups in insolvency, and invites States that have used the Model Law
to advise the Commission accordingly;
4.
Also recommends that all States, when revising or adopting legislation on
enterprise group insolvency, also make use of part three of the Legislative Guide on
Insolvency Law of the United Nations Commission on International Trade Law , 2 on
the treatment of enterprise groups in insolvency, 3 as well as part four of the
Legislative Guide, 5 addressing the obligations of directors of an enterprise in the
period approaching the insolvency of that enterprise, 6 whose additional section, 7
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2
3
4
5
6
7
2/3
Official Records of the General Assembly, Fifty-second Session, Supplement No. 17 (A/52/17),
annex I.
United Nations publication, Sales No. E.12.V.16.
Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 17 (A/65/17),
chap. V.
Ibid., Seventy-fourth Session, Supplement No. 17 (A/74/17), chap. VI, sect. A, and annex II.
United Nations publication, Sales No. E.13.V.10.
Official Records of the General Assembly, Sixty-eighth Session, Supplement No. 17 (A/68/17),
chap. V, sect. B.
Ibid., Seventy-fourth Session, Supplement No. 17 (A/74/17), chap. VI, sect. B.
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