Q&As

Can a BVI foreign limited partnership enter UK administration?

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Produced in partnership with Eleanor Stephens
Published on: 03 March 2020

Is there any authority on whether a foreign limited partnership incorporated in the British Virgin Islands can be put into administration in the UK? Does the Insolvent Partnerships Order 1994, SI 1994/2421, apply to foreign (non-registered) entities such as limited partnerships?

Limited partnerships in the BVI may or may not have a separate legal personality to their members.

For information on the administration of English limited liability partnerships (LLPs) which do have a separate legal personality, see Practice Note: Administration of a Limited Liability Partnership. The Limited Liability Partnerships Act 2000 (LLPA 2000) introduced LLPs and must be read in conjunction with the Limited Liability Partnerships Regulations 2001 (LLPR 2001), SI 2001/1090. LLPR 2001, SI 2001/1090 apply the Insolvency Act 1986 (IA 1986) and Insolvency (England & Wales) Rules 2016 (IR 2016), SI 2016/1024 to LLPs. The Limited Liability Partnerships

Eleanor Stephens
Eleanor Stephens

Solicitor

Eleanor qualified in 1998 into the insolvency team at ASB law. She became a partner in 2005, and went on to head up the Recovery & Insolvency team and latterly the Dispute Resolution team incorporating the R&I team. Whilst originally specialising mainly in contentious corporate insolvency matters, in recent years she also moved into the non-contentious arena, in particular specialising in advisory work and company administrations. For many years she led a team acting for the Department of Business Innovation and Skills in disqualifying company directors for the Secretary of State. Eleanor joined Lexis Nexis in February 2011 to set up the Lexis PSL Restructuring & Insolvency product, heading up a team of in house lawyers writing on line content for lawyers and insolvency practitioners. Eleanor now works as a freelance solicitor, including writing for Lexis Nexis.

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Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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