| Commentary

359 Insolvency of members only

| Commentary

359 Insolvency of members only

The individual members of a partnership may, where none of them is a limited partner1, jointly present a petition for the bankruptcy of each of them in their capacity as members of the partnership2. The petition must be in the prescribed form3, supported by an affidavit4, or a statement signed by all the members, in each case to the effect that all the members are individual members5. The petition must also be accompanied by:

  1. 359.1

        a statement of each member’s affairs in the prescribed form6; and

  2. 359.2

        a statement of the affairs of the partnership

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