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The Insolvent Partnerships Order 1994

S.I. 1994/2421 · Made 13 September 1994 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 January 2024.

INSOLVENCY

Made 13th September 1994

Laid before Parliament 16th September 1994

Coming into force 1st December 1994

The Lord Chancellor, in exercise of the powers conferred on him by section 420(1) and (2) of the Insolvency Act 1986f1 and section 21(2) of the Company Directors Disqualification Act 1986f2 and of all other powers enabling him in that behalf, with the concurrence of the Secretary of State, hereby makes the following Order:—C1

Annotations to the whole text

Modifications

C1

Order applied in part (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 4 (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 198(r) (with Sch. 2 para. 213))

Footnotes

f1

1986 c. 45.

f2

1986 c. 46; the amendments to section 21(2) made by the Companies Act 1989 (c. 40) are not relevant for the purposes of this Order.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation: definitions
  4. 3Interpretation: expressions appropriate to companies
  5. Part II: VOLUNTARY ARRANGEMENTS
  6. 4Voluntary arrangement of insolvent partnership
  7. 5Voluntary arrangements of members of insolvent partnership
  8. Part III: ADMINISTRATION
  9. 6Administration in relation to insolvent partnership
  10. Part IV: CREDITORS' ETC. WINDING-UP PETITIONS
  11. 7Winding up of insolvent partnership as unregistered company on petition of creditor etc. where no concurrent petition presented against member
  12. 8Winding up of insolvent partnership as unregistered company on the petition of creditor etc. where concurrent petitions presented against one or more members
  13. Part V: MEMBERS' PETITIONS
  14. 9Winding up of insolvent partnership as unregistered company on member’s petition where no concurrent petition presented against member
  15. 10Winding up of insolvent partnership as unregistered company on member’s petition where concurrent petitions presented against all members
  16. 11Insolvency proceedings not involving winding up of insolvent partnership as unregistered company where individual members present joint bankruptcy petition
  17. Part VI: PROVISIONS APPLYING IN INSOLVENCY PROCEEDINGS IN RELATION TO INSOLVENT PARTNERSHIPS
  18. 11ADecision procedure in insolvency proceedings in relation to insolvent partnerships
  19. 12Winding up of unregistered company which is a member of insolvent partnership being wound up by virtue of this Order
  20. 13Deposit on petitions
  21. 14Supplemental powers of court
  22. 15Meaning of “act as insolvency practitioner”
  23. Part VII: DISQUALIFICATION
  24. 16Application of Company Directors Disqualification Act 1986
  25. Part VIII: MISCELLANEOUS
  26. 17Forms
  27. 18Application of subordinate legislation
  28. 19Supplemental and transitional provisions
  29. 20Revocation
  30. Signature
  31. Schedule 1: MODIFIED PROVISIONS OF PART I OF, AND SCHEDULE A1 TO, THE ACT (COMPANY VOLUNTARY ARRANGEMENTS) AS APPLIED BY ARTICLE 4
  32. IModified Provisions of Sections 1 to 7B of the Act
  33. IIModified Provisions of Schedule A1 to the Act
  34. Schedule 2: MODIFIED PROVISIONS OF PART II OF, AND SCHEDULE B1 TO, THE ACT (ADMINISTRATION) AS APPLIED BY ARTICLE 6
  35. 1Paragraph 1
  36. 2Paragraph 2
  37. 3Paragraph 3
  38. 4Paragraph 4
  39. 5Paragraph 5
  40. 6Paragraph 6
  41. 7Paragraph 7
  42. 8Paragraph 8
  43. 9Paragraph 9
  44. 10Paragraph 10
  45. 11Paragraph 11
  46. 12Paragraph 12
  47. 13Paragraph 13
  48. 14Paragraph 14
  49. 15Paragraph 15
  50. 16Paragraph 16
  51. 17Paragraph 17
  52. 18Paragraph 18
  53. 19Paragraph 19
  54. 20Paragraph 20
  55. 21Paragraph 21
  56. 22Paragraph 22
  57. 23Paragraph 23
  58. 24Paragraph 24
  59. 25Paragraph 25
  60. 26Paragraph 26
  61. 27Paragraph 27
  62. 28Paragraph 28
  63. 29Paragraph 29
  64. 30Paragraph 30
  65. 31Paragraph 31
  66. 32Paragraph 32
  67. 33Paragraph 33
  68. 34Paragraph 34
  69. 35Paragraph 35
  70. 36Paragraph 36
  71. 37Paragraph 37
  72. 38Paragraph 38
  73. 39Paragraph 39
  74. 40Paragraph 40
  75. 41Paragraph 41
  76. 42Paragraph 42
  77. 43Paragraph 43
  78. Schedule 3: PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONS FOR THE PURPOSES OF ARTICLE 7 TO WINDING UP OF INSOLVENT PARTNERSHIP ON PETITION OF CREDITOR ETC. WHERE NO CONCURRENT PETITION PRESENTED AGAINST MEMBER
  79. Part I: MODIFIED PROVISIONS OF PART V OF THE ACT
  80. 1Paragraph 1
  81. 2Section 220: Meaning of “unregistered company”
  82. 3Section 221: Winding up of unregistered companies
  83. 4Section 222: Inability to pay debts: unpaid creditor for £750 or more
  84. 5Section 223: Inability to pay debts: debt remaining unsatisfied after action brought
  85. Part II: OTHER MODIFIED PROVISIONS OF THE ACT ABOUT WINDING UP BY THE COURT
  86. 6Section 117: High Court and county court jurisdiction
  87. 7Section 131: Statement of affairs of insolvent partnership
  88. 8Section 133: Public examination of officers of insolvent partnerships
  89. 8ASections 165 and 167
  90. 9Section 234: Getting in the partnership property
  91. 10Section 234: Getting in the partnership property
  92. Schedule 4: PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONS FOR THE PURPOSES OF ARTICLE 8 TO WINDING UP OF INSOLVENT PARTNERSHIP ON CREDITOR'S PETITION WHERE CONCURRENT PETITIONS ARE PRESENTED AGAINST ONE OR MORE MEMBERS
  93. Part I: MODIFIED PROVISIONS OF PART V OF THE ACT
  94. 1Paragraph 1
  95. 2Section 220: Meaning of “unregistered company”
  96. 3Section 221: Winding up of unregistered companies
  97. 4Section 222: Inability to pay debts: unpaid creditor for £750 or more
  98. Part II: OTHER MODIFIED PROVISIONS OF THE ACT ABOUT WINDING UP BY THE COURT AND BANKRUPTCY OF INDIVIDUALS
  99. 5Sections 117 and 265: High Court and county court jurisdiction
  100. 6Circumstances in which members of insolvent partnerships may be wound up or made bankrupt by the court: Section 122 corporate member Section 267 individual member
  101. 7Definition of inability to pay debts: Section 123-corporate member Section 268 individual member
  102. 8Sections 124 and 264: Applications to wind up insolvent partnership and to wind up or bankrupt insolvent member
  103. 9Sections 125 and 271: Powers of court on hearing of petitions against insolvent partnership and members
  104. 10Sections 131 and 288: Statements of affairs Insolvent partnerships; corporate members; individual members
  105. 11Section 133: Public examination of officers of insolvent partnerships
  106. 12Sections 136, 293 and 294: Functions of official receiver in relation to office of responsible insolvency practitioner
  107. 13Sections 137, 295, 296 and 300: Appointment of responsible insolvency practitioner by Secretary of State
  108. 14Section 139: Rules applicable to decision making
  109. 15Section 140: Appointment by the court following administration or voluntary arrangement
  110. 16Sections 141, 301 and 302: Creditors' Committee: Insolvent partnership and members
  111. 17Sections 143, 168(4) and 305: General functions of responsible insolvency practitioner
  112. 18Sections 146 and 331: Duty to summon final meeting of creditors
  113. 19Section 147: Power of court to stay proceedings
  114. 19ASections 165 and 167
  115. 20Sections 168, 303 and 314(7): Supplementary powers of responsible insolvency practitioner
  116. 21Sections 172 and 298: Removal etc.of responsible insolvency practitioner or of provisional liquidator
  117. 22Sections 174 and 299: Release of responsible insolvency practitioner or of provisional liquidator
  118. 23Sections 175 , 176AZA and 328: Priority of expenses and debts
  119. 24Sections 189 and 328: Interest on debts
  120. 25Sections 211 and 356: False representations to creditors
  121. 26Sections 230, 231 and 292: Appointment to office of responsible insolvency practitioner or provisional liquidator
  122. 27Section 234: Getting in the partnership property
  123. 28Section 283: Definition of individual member’s estate
  124. 28AParagraph 28A
  125. 29Section 284: Individual member: Restrictions on dispositions of property
  126. 29AParagraph 29A
  127. 30Paragraph 30
  128. Schedule 5: PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONS FOR THE PURPOSES OF ARTICLE 9 TO WINDING UP OF INSOLVENT PARTNERSHIP ON MEMBER'S PETITION WHERE NO CONCURRENT PETITION PRESENTED AGAINST MEMBER
  129. 1Section 117: High Court and county court jurisdiction
  130. 2Section 221: Winding up of unregistered companies
  131. Schedule 6: PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONS FOR THE PURPOSES OF ARTICLE 10 TO WINDING UP OF INSOLVENT PARTNERSHIP ON MEMBER'S PETITION WHERE CONCURRENT PETITIONS ARE RESENTED AGAINST ALL THE MEMBERS
  132. 1Sections 117 and 265: High Court and county court jurisdiction
  133. 2Sections 124 and 264: Applications to wind up insolvent partnership and to wind up or bankrupt insolvent members
  134. 3Sections 125 and 271: Powers of court on hearing of petitions against insolvent partnership and members
  135. 4Section 221: Winding up of unregistered companies
  136. Schedule 7: PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONS FOR THE PURPOSES OF ARTICLE 11 WHERE JOINT BANKRUPTCY PETITION PRESENTED BY INDIVIDUAL MEMBERS WITHOUT WINDING UP PARTNERSHIP AS UNREGISTERED COMPANY
  137. 1Paragraph 1
  138. 2Section 264: Presentation of joint bankruptcy petition
  139. 3Section 265: Conditions to be satisfied in respect of members
  140. 4Section 266: Other preliminary conditions
  141. 5Section 272: Grounds of joint bankruptcy petition Repealed
  142. 6Section 275: Summary Administration Repealed
  143. 7Section 283: Definition of member’s estate
  144. 7AParagraph 7A
  145. 8Section 284: Restrictions on dispositions of property
  146. 9Section 290: Public examination of member
  147. 10Section 292: Power to appoint trustee
  148. 11Sections 293 and 294: Summoning of meeting to appoint trustee Repealed
  149. 12Section 295: Failure of meeting to appoint trustee Repealed
  150. 13Section 296: Appointment of trustee by Secretary of State
  151. 14Section 297: Rules applicable to meetings of creditors Repealed
  152. 15Section 298: Removal of trustee; vacation of office
  153. 16Section 299: Release of trustee
  154. 17Section 300: Vacancy in office of trustee
  155. 18Section 301: Creditors' committee
  156. 19Section 305: General functions and powers of trustee
  157. 20Section 312: Obligation to surrender control to trustee
  158. 20AParagraph 20A
  159. 21Section 328: Priority of expenses and debts
  160. 22Section 331: Final Account
  161. 23Section 387: The “relevant date”
  162. Schedule 7A
  163. 1Decisions of Creditors of the Partnership and of the Members of the Partnership
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. Schedule 8MODIFIED PROVISIONS OF COMPANY DIRECTORS DISQUALIFICATION ACT 1986 FOR THE PURPOSES OF ARTICLE 16
  167. Schedule 9FORMS
  168. Schedule 10SUBORDINATE LEGISLATION APPLIED
  169. Explanatory note