Version Superseded: 06/04/2016
Point in time view as at 27/09/2005. This version of this provision has been superseded.
Insolvency Act 1986, Section 265 is up to date with all changes known to be in force on or before 09 March 2025. 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.
(1)A bankruptcy petition shall not be presented to the court under section 264(1)(a) or (b) unless the debtor—
(a)is domiciled in England and Wales,
(b)is personally present in England and Wales on the day on which the petition is presented, or
(c)at any time in the period of 3 years ending with that day—
(i)has been ordinarily resident, or has had a place of residence, in England and Wales, or
(ii)has carried on business in England and Wales.
(2)The reference in subsection (1)(c) to an individual carrying on business includes—
(a)the carrying on of business by a firm or partnership of which the individual is a member, and
(b)the carrying on of business by an agent or manager for the individual or for such a firm or partnership.
[F1(3)This section is subject to Article 3 of the EC Regulation.]
Textual Amendments
F1S. 265(3) inserted (31.5.2002) by S.I. 2002/1240, reg. 14
Modifications etc. (not altering text)
C1S. 265 applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(3)(9), 10(1)(a), Sch. 4 Pt. II para. 5, Sch. 6
C2S. 265 modified (1.12.1994) by S.I. 1994/2421, art. 11(2)(3), Sch. 7 para. 3
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