Germany
Maximilianstr. 280539 München
Germany+49 89 4444 373-20
Kanzlei Verbracken & Partner
COMI: centre of main interests and EU insolvency
Nationality alone does not determine the competent insolvency court. What matters is the actual centre of your main interests, ascertainable by third parties.
What does COMI mean?
COMI means Centre of Main Interests. Article 3 of the EU Insolvency Regulation uses it to determine jurisdiction for main proceedings. The regular administration of your interests must be ascertainable to creditors. A registration certificate or lease alone does not replace this overall assessment.
Three or six months are not a universal rule
The Regulation contains rebuttable presumptions and look-back periods. For individuals not conducting an independent business or professional activity, a residence move within six months is relevant; other covered situations use three months. These rules neither automatically establish jurisdiction after that period nor impose a general ban on moving. Actual circumstances and national requirements remain decisive.
Assess evidence together
Housing, work, family, accounts, insurance and ongoing business should form a consistent picture. We help organise evidence and identify open questions. Connections to Germany, Austria or Switzerland are included transparently. Contradictory or purely formal arrangements create additional risks.
Your situation deserves a clear next step.
We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.