This snapshot taken on 09/07/2011, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.

Winding up on member's peition where no concurrent petitions presented against member

September 1997  

45.186 Modifications

Where a petition to wind up an insolvent partnership is presented by a member, and where no concurrent petitions are presented against the members, the Insolvency Act 1986 is modified under article 9 of the Insolvent Partnerships Order so that the following provisions of the Act apply:

  1. ss 117 and 221 as modified by Sch 5 and
  2. other provisions of Part V of the Insolvency Act as modified by Part 1 of Sch 3 to the Insolvent Partnership Order.

45.187 Jurisdiction

The High court has jurisdiction to wind up any insolvent partnership as an unregistered company by virtue of article 9 of the Insolvent Partnerships Order if the partnership has or had a principal place of business in England and Wales.

The county court has similar jurisdiction where the partnership has or at any time had a principal place of business within the insolvency district of that court. But subject to the caveats set out in paragraph 45.154.

Notes: [s117(M), art 9,Sch 5(1)]

45.188 Circumstances in which a partnership maybe wound up

The circumstances in which an insolvent partnership may be wound up as an unregistered company where a petition is presented by the members, but no concurrent petitions are presented, are

  1. the partnership is dissolved, or has ceased to carry on business, or is carrying on business only for the purposes of winding up its affairs;
  2. if the partnership is unable to pay its debts; or
  3. if the court is of the opinion that it is just and equitable that the partnership be wound up.
Notes: [s221 (M), art 9,Sch 5(2)]

45.189 Who may present a petition

A member’s petition for winding up an insolvent partnership may be presented by -

  1. any member, where the partnership consists of not less than 8 members or
  2. any member (with leave of court), if the court is satisfied that the member has served a demand in respect of a joint debt exceeding £750, then due by the partnership but which has been paid by that member, otherwise than out of partnership property; the partnership has not paid within 3 weeks of service; and the member has obtained a judgment, decree or other order of the court for reimbursement of the joint debt and all reasonable enforcement steps have been taken.

Notes: [s221A,asinserted art 9,Sch 5(2)]


[Back to Part 19 - Winding Up on a Creditor's Petition where Concurrent Petition(s) presented against members] [On to Part 21 - Winding Up on a member's petition where concurrent petitions are presented against all members]