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 __________________ 1 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. 19-22344

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