Companies House

European Community Liquidation and Insolvency Register (ECLAIR)

It has come to our attention that previous advice given concerning the European Community Liquidation and Insolvency Register (ECLAIR) was incorrect. We had misinterpreted the effect of Council Regulation (EC) No 1346/2000 on insolvency proceedings (the Regulation). Companies House maintain the ECLAIR under the Regulation.

The Insolvency Service has confirmed that the Regulation applies to companies whose centre of main interest (COMI) is within any EU Member State, irrespective of where the company was registered.

This means that a company registered outside of the UK (including companies registered in the Isle of Man, Jersey or Guernsey), whose COMI is in the UK, and subject to insolvency proceedings under UK national law, can be entered onto the ECLAIR.

We apologise for any inconvenience this has caused.

1. What can be entered onto the ECLAIR?

The Regulation applies to compulsory liquidation, creditors voluntary liquidation and administration cases.

Therefore any compulsory or creditors voluntary liquidation or administration notices that must be delivered to the registrar of companies can be entered onto the ECLAIR where the COMI of the company is in the UK and they are subject to insolvency proceedings in the UK.

2. What if my company was registered outside the EU?

If the company’s COMI is in the UK and it is facing insolvency proceedings in the UK, then the notices referred to in question 1 can be placed onto the ECLAIR.

3. Companies House has returned or rejected insolvency notices for companies registered outside of the EU - what must I do?

Please accept our apologies for this due to our misinterpretation of the Regulation. Where we have returned or rejected insolvency notices, subject to question 1 and 2 above, you can send these to Companies House and we will place them onto the ECLAIR.

4. What notices do not need to be placed in the ECLAIR?

Notices that are required to be delivered to the Accountant in Bankruptcy alone do not need to be placed in the ECLAIR.  For example liquidation proceedings conducted in Scotland under the Insolvency Act 1986 and the Insolvency (Scotland) Rules 1986 require some notices to be delivered to the registrar of companies and other notices to be delivered to the Accountant in Bankruptcy, as liquidation is devolved in Scotland.  Insolvency Practitioners would only need to send to Companies House notices required to be sent to the registrar and these would be placed onto the ECLAIR.