Consolidated Text of the UNCITRAL Model Laws on Cross-Border Insolvency, Recognition and Enforcement of Insolvency-related Judgments and Enterprise Group Insolvency (2021)
Background information
At its fifty-fourth session (December 2018), Working Group V (Insolvency Law) unanimously supported the preparation by the UNCITRAL secretariat of materials that would explain to enacting States how the Model Law on Enterprise Group Insolvency (MLEG) could be enacted alongside the Model Law on Cross-Border Insolvency (MLCBI) and the Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ). The Secretariat was requested to prepare such materials in consultation with experts where necessary, noting that the MLEG should be included upon its finalization and adoption.
At its fifty-second session (2019), during which the MLEG was adopted, the Commission requested the secretariat to proceed with the preparation of explanatory materials on the enactment of two or more of the three UNCITRAL model laws on insolvency. The Commission, at its fifty-third session (2020), reiterated its approval that such materials should be prepared and published by the secretariat.
Pursuant to that request, the secretariat prepared in consultation with experts a guidance note containing technical suggestions on the enactment of two or more of the three UNCITRAL model laws on insolvency as well as an illustrative text for those purposes that may be found below.
Guidance Note on Enacting Two or More of the UNCITRAL Model Laws on Insolvency (2021)
This guidance note contains a series of technical suggestions regarding how specific provisions of each model law could be combined to create a single consolidated enactment. States wishing to enact only the MLCBI and the MLIJ or only the MLCBI and the MLEG can also use the technical comments and the illustrative text for those purposes. For a more detailed explanation of how the individual provisions are intended to operate or how they might interact with other provisions, reference should be had to the detailed background and article-by-article information in the MLCBI Guide, the MLIJ Guide and the MLEG Guide, as well as to the other UNCITRAL insolvency texts; references that may be particularly useful are indicated at the end of each of the paragraphs that follow.
Guidance Note on Enacting Two or More of the UNCITRAL Model Laws on Insolvency (2021)
Consolidated Text of the UNCITRAL Model Laws on Cross-Border Insolvency, Recognition and Enforcement of Insolvency-related Judgments and Enterprise Group Insolvency (2021)
The following text has been prepared as an illustration of how the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI), the Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), and the Model Law on Enterprise Group Insolvency (MLEG) could be enacted in a single consolidated text. The illustration was prepared following the “Guidance note on enacting two or more of the UNCITRAL model laws on insolvency” prepared by the UNCITRAL secretariat in consultation with experts. States wishing to enact only the MLCBI and the MLIJ or only the MLCBI and the MLEG can also use the guidance note and the following illustrative text for those purposes.
Additional Resources
Model laws
- UNCITRAL Model Law on Enterprise Group Insolvency with Guide to Enactment (2019)
- UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments with Guide to Enactment (2018)
- UNCITRAL Model Law on Cross-Border Insolvency (1997) with Guide to Enactment and Interpretation (2013)
Explanatory texts