Part Eleven – International Insolvency Law

Chapter Two – Foreign Insolvency Proceedings

Section 345 – Publication

(1) If the requirements for recognition of the commencement of proceedings are fulfilled, on application by the foreign insolvency administrator the insolvency court shall publish the main content of the decision commencing insolvency proceedings and of the decision appointing the insolvency administrator domestically. Section 9 (1) and (2) and section 30 (1) apply with the necessary modifications. If the commencement of insolvency proceedings has been published, the termination of proceedings shall be published in the same manner.

(2) If the debtor has an establishment on domestic territory, publication takes place ex officio. The insolvency administrator or a permanent representative pursuant to section 13e (2) sentence 5 No. 3 of the Commercial Code [Handelsgesetzbuch] shall notify the insolvency court having jurisdiction in accordance with section 348 (1).

(3) The application is admissible only if it is credibly established that the factual requirements for recognition of the commencement of proceedings are present. An official copy of the order instructing publication shall be issued to the administrator. The foreign administrator has the right of immediate appeal against the decision of the insolvency court refusing publication.


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German Insolvency Code / in force since 29. December 2016