Singapore Apex Court recognises BVI as the COMI of a BVI registered company – an examination of article 16(3) of the Model Law
By EsqSocial Corporation 08/05/25
In Re Fullerton Capital Limited (in liquidation) [2025] SGCA 11, the Singapore Court of Appeal has affirmed the importance of a debtor’s registered office (in this case in the BVI) as its centre of main interests (“COMI”). The Court of Appeal considered (a) the operation of the presumption of a debtor's COMI under the UNCITRAL Model Law on Cross-Border Insolvency 1997 (the "Model Law") which has the force of law in Singapore pursuant to the Insolvency, Restructuring and Dissolution Act 2018...
By: Carey Olsen