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The Insolvency (Northern Ireland) Order 1989
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Changes over time for: Section 239
Alternative versions:
- 01/01/2006- Amendment
- 26/06/2017- Amendment
- 31/01/2019- Amendment
- 31/12/2020- Amendment
- 31/12/2020
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The Insolvency (Northern Ireland) Order 1989, Section 239 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Conditions to be satisfied in respect of debtorN.I.
239.—(1) A bankruptcy petition may be presented to the High Court under Article 238(1)(a) or (b) only if—
(a)the centre of the debtor's main interests is in Northern Ireland,
(b)the centre of the debtor's main interests is in a member State of the European Union [F2other than Denmark] F3... and the debtor has an establishment in Northern Ireland, or
(c)F4... the test in paragraph (2) is met.
(2) The test is that—
(a)the debtor is domiciled in Northern Ireland, or
(b)the debtor is personally present in Northern Ireland on the day on which the petition is presented, or
(c)at any time in the period of three years ending with the day on which the petition is presented, the debtor—
(i)has been ordinarily resident, or has had a place of residence, in Northern Ireland, or
(ii)has carried on business in Northern Ireland.
(3) The reference in paragraph (2) to the debtor carrying on business includes—
(a)the carrying on of business by a firm or partnership of which the debtor is a member, and
(b)the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.
(4) In this Article—
(a)references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EU Regulation, and
(b)“establishment” has the same meaning as in Article 2(10) of the EU Regulation.]
F1Art. 239 substituted (31.1.2019) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(2), Sch. para. 177 (with regs. 4, 5)
F2Words in art. 239(1)(b) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 178(2)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 239(1)(b) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 178(2)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in art. 239(1)(c) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 178(2)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
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