Category Archives: M

THE MEMBER STATE IN WHICH ASSETS ARE SITUATED

means, in the case of:

(i)

registered shares in companies other than those referred to in point (ii), the Member State within the territory of which the company having issued the shares has its registered office;

(ii)

financial instruments, the title to which is evidenced by entries in a register or account maintained by or on behalf of an intermediary (‘book entry securities’), the Member State in which the register or account in which the entries are made is maintained;

(iii)

cash held in accounts with a credit institution, the Member State indicated in the account’s IBAN, or, for cash held in accounts with a credit institution which does not have an IBAN, the Member State in which the credit institution holding the account has its central administration or, where the account is held with a branch, agency or other establishment, the Member State in which the branch, agency or other establishment is located;

(iv)

property and rights, ownership of or entitlement to which is entered in a public register other than those referred to in point (i), the Member State under the authority of which the register is kept;

(v)

European patents, the Member State for which the European patent is granted;

(vi)

copyright and related rights, the Member State within the territory of which the owner of such rights has its habitual residence or registered office;

(vii)

tangible property, other than that referred to in points (i) to (iv), the Member State within the territory of which the property is situated;

(viii)

claims against third parties, other than those relating to assets referred to in point (iii), the Member State within the territory of which the third party required to meet the claims has the centre of its main interests, as determined in accordance with Article 3(1)

(art. 2 Position (EU) No 7/2015 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on insolvency proceedings (recast) Adopted by the Council on 12 March 2015)

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