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The Insolvent Partnerships Order 1994

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation: definitions

    3. 3.Interpretation: expressions appropriate to companies

  3. PART II VOLUNTARY ARRANGEMENTS

    1. 4.Voluntary arrangement of insolvent partnership

    2. 5.Voluntary arrangements of members of insolvent partnership

  4. PART III ADMINISTRATION ORDERS

    1. 6.Administration order in relation to insolvent partnership

  5. PART IV CREDITORS' ETC. WINDING-UP PETITIONS

    1. 7.Winding up of insolvent partnership as unregistered company on petition of creditor etc. where no concurrent petition presented against member

    2. 8.Winding up of insolvent partnership as unregistered company on creditor’s petition where concurrent petitions presented against one or more members

  6. PART V MEMBERS' PETITIONS

    1. 9.Winding up of insolvent partnership as unregistered company on member’s petition where no concurrent petition presented against member

    2. 10.Winding up of insolvent partnership as unregistered company on member’s petition where concurrent petitions presented against all members

    3. 11.Insolvency proceedings not involving winding up of insolvent partnership as unregistered company where individual members present joint bankruptcy petition

  7. PART VI PROVISIONS APPLYING IN INSOLVENCY PROCEEDINGS IN RELATION TO INSOLVENT PARTNERSHIPS

    1. 12.Winding up of unregistered company which is a member of insolvent partnership being wound up by virtue of this Order

    2. 13.Deposit on petitions

    3. 14.Supplemental powers of court

    4. 15.Meaning of “act as insolvency practitioner”

  8. PART VII DISQUALIFICATION

    1. 16.Application of Company Directors Disqualification Act 1986

  9. PART VIII MISCELLANEOUS

    1. 17.Forms

    2. 18.Application of subordinate legislation

    3. 19.Supplemental and transitional provisions

    4. 20.Revocation

  10. Signature

    1. SCHEDULE 1

      MODIFIED PROVISIONS OF PART I OF THE ACT (COMPANY VOLUNTARY ARRANGEMENTS) AS APPLIED BY ARTICLE 4

    2. SCHEDULE 2

      MODIFIED PROVISIONS OF PART II OF THE ACT (ADMINISTRATION ORDERS) AS APPLIED BY ARTICLE 6

      1. 1.Sections 8 to 15 of, and Schedule 1 to, the...

      2. 2.Section 8: Power of court to make order

      3. 3.Section 9: Application for order

      4. 4.Section 10: Effect of application

      5. 5.Section 11: Effect of order

      6. 6.Section 12: Notification of order

      7. 7.Section 13: Appointment of administrator

      8. 8.Section 14: General powers

      9. 9.Section 15: Power to deal with charged property, etc.

      10. 10.Schedule 1 is modified so as to read as follows:—...

    3. 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

      1. PART I MODIFIED PROVISIONS OF PART V OF THE ACT

        1. 1.Sections 220 to 223 of the Act are set out...

        2. 2.Section 220: Meaning of “unregistered company”

        3. 3.Section 221: Winding up of unregistered companies

        4. 4.Section 222: Inability to pay debts: unpaid creditor for £750 or more

        5. 5.Section 223: Inability to pay debts: debt remaining unsatisfied after action brought

      2. PART II OTHER MODIFIED PROVISIONS OF THE ACT ABOUT WINDING UP BY THE COURT

        1. 6.Section 117: High Court and county court jurisdiction

        2. 7.Section 131: Statement of affairs of insolvent partnership

        3. 8.Section 133: Public examination of officers of insolvent partnerships

        4. 9.Section 234: Getting in the partnership property

        5. 10.Schedule 4 is modified so as to read as follows:—...

    4. 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

      1. PART I MODIFIED PROVISIONS OF PART V OF THE ACT

        1. 1.(1) Sections 220 to 222 of the Act are set...

        2. 2.Section 220: Meaning of “unregistered company”

        3. 3.Section 221: Winding up of unregistered companies

        4. 4.Section 222: Inability to pay debts: unpaid creditor for £750 or more

      2. PART II OTHER MODIFIED PROVISIONS OF THE ACT ABOUT WINDING UP BY THE COURT AND BANKRUPTCY OF INDIVIDUALS

        1. 5.Sections 117 and 265: High Court and county court jurisdiction

        2. 6.Circumstances in which members of insolvent partnerships may be wound up or made bankrupt by the court: Section 122 corporate member Section 267 individual member

        3. 7.Definition of inability to pay debts: Section 123-corporate member Section 268 individual member

        4. 8.Sections 124 and 264: Applications to wind up insolvent partnership and to wind up or bankrupt insolvent member

        5. 9.Sections 125 and 271: Powers of court on hearing of petitions against insolvent partnership and members

        6. 22.Section 331: Final meeting

        7. 23.Section 387: The “relevant date”

    5. SCHEDULE 8

      MODIFIED PROVISIONS OF COMPANY DIRECTORS DISQUALIFICATION ACT 1986 FOR THE PURPOSES OF ARTICLE 16

    6. SCHEDULE 9

      FORMS

    7. SCHEDULE 10

      SUBORDINATE LEGISLATION APPLIED

  11. Explanatory Note

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