Article 239 Conditions to be satisfied in respect of debtorF1

(1)

A bankruptcy petition may be presented to the High Court under Article 238(1)(a) or (b) only if—

(a)

the centre of the debtor's main interests is in Northern Ireland,

(b)

the centre of the debtor's main interests is in a member State of the European Union F2other than Denmark F3... and the debtor has an establishment in Northern Ireland, or

(c)

F4... the test in paragraph (2) is met.

(2)

The test is that—

(a)

the debtor is domiciled in Northern Ireland, or

(b)

the debtor is personally present in Northern Ireland on the day on which the petition is presented, or

(c)

at any time in the period of three years ending with the day on which the petition is presented, the debtor—

(i)

has been ordinarily resident, or has had a place of residence, in Northern Ireland, or

(ii)

has carried on business in Northern Ireland.

(3)

The reference in paragraph (2) to the debtor carrying on business includes—

(a)

the carrying on of business by a firm or partnership of which the debtor is a member, and

(b)

the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.

(4)

In this Article—

(a)

references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EU Regulation, and

(b)

“establishment” has the same meaning as in Article 2(10) of the EU Regulation.

Annotations

Textual amendments

F1: Art. 239 substituted (31.1.2019) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(2), Sch. para. 177 (with regs. 4, 5)
F2: Words in art. 239(1)(b) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 178(2)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in art. 239(1)(b) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 178(2)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in art. 239(1)(c) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 178(2)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part IX

Modifications

C1: Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))