| Commentary

350 The petition

| Commentary

350 The petition

The Insolvent Partnerships Order 1994 does not prescribe a form of creditor’s petition. The petition should follow the usual form for the winding up of an unregistered company1. The petition must be supported by affidavit evidence in the prescribed form2.

A petition to wind up a partnership where there is no concurrent petition against any of its members may be presented by any of the following:

  1. 350.1

        any creditor; a liquidator (within the meaning of Article 2(b) of the EC Regulation3) appointed in proceedings by virtue of Article 3(1) of the EC Regulation; a temporary administrator (within the meaning of

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