PART 2Partnerships

CHAPTER 1Limited partnerships etc.

Dissolution, winding up and sequestration

135Sequestration of limited partnerships: concurrent winding up proceedings

(1)

The Bankruptcy (Scotland) Act 2016 is amended as follows.

(2)

In section 17 (concurrent proceedings for sequestration or analogous remedy)—

(a)

in subsection (2)(b), after “awarded” insert “and the debtor’s estate is being sequestrated”;

(b)

in subsection (2)(c)—

(i)

omit “has been made”;

(ii)

after “estate” insert “is pending”;

(c)

in subsection (2)(d), after “application” insert “and the debtor’s estate is being sequestrated”;

(d)

in subsection (2)(g), after “under” insert “section 28 of the Limited Partnerships Act 1907,”;

(e)

after subsection (2)(g) insert—

“(ga)

such a petition has been granted,

(gb)

an application in respect of the debtor is before a court under section 29 of the Limited Partnerships Act 1907,

(gc)

such an application has been granted,”;

(f)

after subsection (7) insert—

“(7A)

For the purposes of subsection (2)(c), a debtor application is “pending” if it has been made and has not fallen, been withdrawn or been determined.”

(3)

In section 18 (powers in relation to concurrent proceedings)—

(a)

in subsection (1), for “(g)” substitute “(gc)”;

(b)

in subsection (2), for “or (g)” substitute “, (g), (ga), (gb) or (gc)”;

(c)

in subsection (8), for “(g)” substitute “(gc)”.