The Coss-Border Insolvency Act, No. 42 of 2000 - CHAPTER 1


Section 1

For the purposes of this Act—

(a)    “Court” means a High Court referred to in section 4;
(b)    “Curator of an institution” means a curator appointed in terms of section 6 of the Financial Institutions (Investment of Funds) Act, 1984 (Act No. 39 of 1984), or section 69 of the Banks Act, 1990 (Act No. 94 of 1990), or section 81 of the Mutual Banks Act, 1993 (Act No. 124 of 1993);
(c)    “Establishment” means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods or services;
(d)    “Foreign court” means a judicial or other authority competent to control or supervise foreign proceedings;
(e)    “Foreign main proceedings” means foreign proceedings taking place in the State where the debtor has the centre of his or her or its main interests;
(f)    “Foreign non-main proceedings” means foreign proceedings, other than foreign main proceedings, taking place in a State where the debtor has an establishment within the meaning of paragraph (c) of this section;
(g)    “foreign proceedings” means collective judicial or administrative proceedings in a foreign State, including interim proceedings, pursuant to a law relating to insolvency in which proceedings the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganisation or liquidation;
(h)    “Foreign representative” means a person or body, including one appointed on an interim basis, authorised in foreign proceedings to administer the reorganisation or the liquidation of the debtor’s assets or affairs or to act as a representative of the foreign proceedings;
(i)    “Foreign State” means a State designated under section 2 (2);
(j)    “Minister” means the Cabinet member responsible for the administration of justice;
(k)    “Receiver” means a receiver or other person appointed by a court to administer a compromise or arrangement under section 311 of the Companies Act, 1973 (Act No. 61 of 1973);
(l)    “Republic” means the Republic of South Africa.