OpenLegislation

Article 2 Petition for sequestration by the debtor

Original text. Later amendments are not shown.

(1)

A petition by the debtor under section 5(2)(a) of the 1985 Actf1 shall be in–

(a)

Form 1 where section 5(2A) of the 1985 Actf2 (with concurrence of qualified creditor(s)) applies; or

(b)

Form 2 where subsection 5(2B) of the 1985 Actf3 (without concurrence of qualified creditors(s)) applies.

(2)

The court, when considering a petition lodged in accordance with paragraph (1) above, shall not require–

(a)

intimation to be made to any person, or

(b)

the debtor to appear or be represented,

unless it seems necessary to the court to do so.

(3)

An undertaking by the interim trustee under section 2(3)(c) of the 1985 Actf4 shall be in Form 3.

Annotations

Footnotes

f1

Section 5(2)(a) was substituted by the 1993 Act, section 3(2).

f2

Section 5(2A) was inserted by the 1993 Act, section 3(2).

f3

Section 5(2B) was inserted by the 1993 Act, section 3(2).

f4

Section 2(3)(c) was substituted by the 1993 Act, section 2.