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Commentary

89 Carrying on business

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

89 Carrying on business

| Commentary

89 Carrying on business

The Insolvency Act 1986 states that the reference to an individual carrying on business includes1:

  1. 89.1

        the carrying on of business by a firm or partnership of which the individual is a member; and

  2. 89.2

        the carrying on of business by an agent or manager for the individual or for such a firm or partnership.

In order to be carrying on business, the relevant activity must have some continuity and involve some degree of management and control2. An isolated transaction would not, ordinarily, suffice. A person continues to carry on business until

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