Paragraph 9 Section 290: Public examination of memberI1

Section 290 is modified so as to read as follows—

“290

(1)

Where orders have been made against the members of an insolvent partnership of a joint bankruptcy petition, the official receiver may at any time before the discharge of any such member apply to the court for the public examination of that member.

(2)

Unless the court otherwise orders, the official receiver shall make an application under subsection (1) if notice requiring him to do so is given to him, in accordance with the rules, by one of the creditors of the member concerned with the concurrence of not less than one-half, in value, of those creditors (including the creditor giving notice).

(3)

On an application under subsection (1), the court shall direct that a public examination of the member shall be held on a day appointed by the court; and the member shall attend on that day and be publicly examined as to his affairs, dealings and property and as to those of the partnership.

(4)

The following may take part in the public examination of the member and may question him concerning the matters mentioned in subsection (3), namely—

(a)

the official receiver,

(b)

the trustee of the member’s estate, if his appointment has taken effect,

(c)

any person who has been appointed as special manager of the member’s estate or business or of the partnership property or business,

(d)

any creditor of the member who has tendered a proof in the bankruptcy.

(5)

On an application under subsection (1), the court may direct that the public examination of a member under this section be combined with the public examination of any other person.

(6)

If a member without reasonable excuse fails at any time to attend his public examination under this section he is guilty of a contempt of court and liable to be punished accordingly (in addition to any other punishment to which he may be subject).”.