Paragraph 3 Section 265: Conditions to be satisfied in respect of membersI1

Section 265 is modified so as to read as follows—

“265

(1)

Subject to the provisions of this section, a joint bankruptcy petition by virtue of article 11 of the Insolvent Partnerships Order 1994 may be presented—

(a)

to the High Court (other than to a district registry of that Court) if the partnership has, or at any time had, a principal place of business in England and Wales, or

(b)

to a county court in England and Wales if the partnership has, or at any time had, a principal place of business within the insolvency district of that court.

(2)

A joint bankruptcy petition shall not be presented to the court by virtue of article 11 unless the business of the partnership has been carried on in England and Wales at any time in the period of 3 years ending with the day on which the joint bankruptcy petition is presented.

F1(3)

A joint bankruptcy petition may be presented to the court by the members of a partnership only on the grounds that the partnership is unable to pay its debts.

(4)

A petition under subsection (3) must be accompanied by—

(a)

a statement of each member’s affairs in Form 17 in Schedule 9 to the Insolvent Partnerships Order 1994, and

(b)

a statement of the affairs of the partnership in Form 18 in that Schedule, sworn by one or more members of the partnership.

(5)

The statements of affairs required by subsection (4) must contain—

(a)

particulars of the member’s or (as the case may be) partnership’s creditors, debts and other liabilities and of their assets, and

(b)

such other information as is required by the relevant form. ”.