The Insolvent Partnerships Order 1994

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

11. 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. 10. Sections 131 and 288: Statements of affairs Insolvent partnerships; corporate members; individual members

          7. 11. Section 133: Public examination of officers of insolvent partnerships

          8. 12. Sections 136, 293 and 294: Functions of official receiver in relation to office of responsible insolvency practitioner

          9. 13. Sections 137, 295, 296 and 300: Appointment of responsible insolvency practitioner by Secretary of State

          10. 14. Section 139: Rules applicable to meetings of creditors

          11. 15. Section 140: Appointment by the court following administration or voluntary arrangement

          12. 16. Sections 141, 301 and 302: Creditors' Committee: Insolvent partnership and members

          13. 17. Sections 143, 168(4) and 305: General functions of responsible insolvency practitioner

          14. 18. Sections 146 and 331: Duty to summon final meeting of creditors

          15. 19. Section 147: Power of court to stay proceedings

          16. 20. Sections 168, 303 and 314(7): Supplementary powers of responsible insolvency practitioner

          17. 21. Sections 172 and 298: Removal etc.of responsible insolvency practitioner or of provisional liquidator

          18. 22. Sections 174 and 299: Release of responsible insolvency practitioner or of provisional liquidator

          19. 23. Sections 175 and 328: Priority of expenses and debts

          20. 24. Sections 189 and 328: Interest on debts

          21. 25. Sections 211 and 356: False representations to creditors

          22. 26. Sections 230, 231 and 292: Appointment to office of responsible insolvency practitioner or provisional liquidator

          23. 27. Section 234: Getting in the partnership property

          24. 28. Section 283: Definition of individual member’s estate

          25. 29. Section 284: Individual member: Restrictions on dispositions of property

          26. 30. Schedule 4 is modified so as to read as follows—...

    5. SCHEDULE 5

       PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONSFOR THE PURPOSES OF ARTICLE 9 TO WINDING UP OF INSOLVENT PARTNERSHIP ON MEMBER'S PETITION WHERE NOCONCURRENT PETITION PRESENTED AGAINST MEMBER

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

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

    6. SCHEDULE 6

       PROVISIONS OF THE ACT WHICH APPLY WITH MODIFICATIONSFOR THE PURPOSES OF ARTICLE 10 TO WINDING UP OF INSOLVENT PARTNERSHIP ON MEMBER'S PETITION WHERE CONCURRENT PETITIONS ARE RESENTED AGAINST ALL THE MEMBERS

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

       2. 2. Sections 124, 264 and 272: Applications to wind up insolvent partnership and to wind up or bankrupt insolvent members

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

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

    7. 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

       1. 1. (1) The provisions of the Act specified in sub-paragraph (2)...

       2. 2. Section 264: Presentation of joint bankruptcy petition

       3. 3. Section 265: Conditions to be satisfied in respect of members

       4. 4. Section 266: Other preliminary conditions

       5. 5. Section 272: Grounds of joint bankruptcy petition

       6. 6. Section 275: Summary Administration

       7. 7. Section 283: Definition of member’s estate

       8. 8. Section 284: Restrictions on dispositions of property

       9. 9. Section 290: Public examination of member

       10. 10. Section 292: Power to appoint trustee

       11. 11. Sections 293 and 294: Summoning of meeting to appoint trustee

       12. 12. Section 295: Failure of meeting to appoint trustee

       13. 13. Section 296: Appointment of trustee by Secretary of State

       14. 14. Section 297: Rules applicable to meetings of creditors

       15. 15. Section 298: Removal of trustee; vacation of office

       16. 16. Section 299: Release of trustee

       17. 17. Section 300: Vacancy in office of trustee

       18. 18. Section 301: Creditors' committee

       19. 19. Section 305: General functions and powers of trustee

       20. 20. Section 312: Obligation to surrender control to trustee

       21. 21. Section 328: Priority of expenses and debts

       22. 328D. Interest on debts

       23. 22. Section 331: Final meeting

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

    8. SCHEDULE 8

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

    9. SCHEDULE 9

       FORMS

    10. SCHEDULE 10

        SUBORDINATE LEGISLATION APPLIED

12. Explanatory Note