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Statutory Rules of Northern Ireland
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URL: http://www.bailii.org/nie/legis/num_reg/2003/20030144.html

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2003 No. 144

INSOLVENCY

The Insolvent Partnerships (Amendment) Order (Northern Ireland) 2003

  Made 3rd March 2003 
  To be laid before Parliament
  Coming into operation 1st April 2003 

The Lord Chancellor, in exercise of the powers conferred upon him by Article 364(1) of the Insolvency (Northern Ireland) Order 1989[1], and of all other powers enabling him in that behalf, with the concurrence of the Department of Enterprise, Trade and Investment[2], hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Insolvent Partnerships (Amendment) Order (Northern Ireland) 2003 and shall come into operation 1st April 2003.

    (2) In this Order -

    (3) In this Order a reference to a "modified Article" means an Article of the Order as modified by, and set out in, the 1995 Order.

Amendments to the Insolvent Partnerships Order (Northern Ireland) 1995
     2.  - (1) The 1995 Order is amended as provided in this Order.

    (2) Anything done before 1st April 2003 under or for the purposes of any provision of the 1995 Order is not invalidated by the amendment of that provision by this Order, but it has effect as if done under or for the purposes of the provision as amended.

Amendment to Article 7 of the Insolvent Partnerships Order (Northern Ireland) 1995
     3. In Article 7(1) of the 1995 Order (winding up of insolvent partnership as unregistered company (no concurrent petition)) after "petition of a creditor," insert -

Amendment to Article 8 of the Insolvent Partnerships Order (Northern Ireland) 1995
     4.  - (1) In Article 8(1) of the 1995 Order (winding up of insolvent partnership as unregistered company (concurrent petition)) for a "creditor's petition" substitute -

    (2) For the heading of Article 8 of the 1995 Order substitute -

Amendments to Schedules 3, 4, 5 and 6 to the Insolvent Partnerships Order (Northern Ireland) 1995
     5.  - (1) In paragraph 3 of Schedule 3 to the 1995 Order (Article 185: Winding up of unregistered companies), paragraph 3 of Schedule 4 to the 1995 Order. Schedule 5 to the 1995 Order and paragraph 3 of Schedule 6 to the 1995 Order, in each case, after modified Article 185(3) and before Article 185(4) insert -

    (2) In paragraph 8 of Schedule 4 to the 1995 Order (Articles 104 and 238: Applications to wind up insolvent partnership and to wind up or bankrupt member) in paragraph (2) of modified Articles 104 and 238 after the words "may be presented by" insert the following words -

Amendments to Schedule 9 to the Insolvent Partnerships Order (Northern Ireland) 1995
     6. The forms contained in the Schedule to this Order are substituted for the forms identically numbered in Schedule 9 to the 1995 Order.


Irvine of Lairg,
C.

Dated 3rd March 2003



The Department of Enterprise, Trade and Investment hereby concurs with the foregoing Order.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


6th March 2003.

L.S.


M. Bohill
Senior Officer of the Department of Enterprise, Trade and Investment


SCHEDULE
Article 6


AMENDED FORMS




FORM 1

Schedule 2 para 3 Art. 22(1)

Petition for Administration Order

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

(a) Insert name of partnership IN THE MATTER OF (a)

("the partnership")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland

The petition of
(b) Insert full name(s) and address(es) of petitioner(s) (b)




(c) Delete if petition not presented by the partnership's members presented (c)[by the members] under Article 22 of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

     1. The principal place of business of the partnership is
(d) Insert address of principal place of business (d)




     2. The nature of the partnership's business is
(e) Insert nature of partnership's business (e)




     3. The petitioner(s) believe(s) that the partnership is unable to pay its debts and that an administration order would be likely to achieve:
(f) Delete as appropriate (f)

      (i) the survival of the whole or any part of the undertaking of the partnership as a going concern

      (ii) the approval of a voluntary arrangement with its creditors under Part II of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

      (iii) a more advantageous realisation of the partnership property than would be effected on a winding up

    for the reasons stated in the affidavit of
(g) Insert name of person swearing affidavit (g)




filed in support hereof.

     4. The partnership (f) is/is not a credit institution; an insurance undertaking; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking referred to by Article 1.2 of the EC Regulation.
(h) Insert whether main, secondary or territorial proceedings      5. For the reasons stated in the affidavit of (g)
it is considered that the EC Regulation (f) will/will not apply and that these proceedings will be (h)
proceedings as defined in Article 3 of the EC Regulation.

     6. The petitioner(s) propose(s) that during the period for which the order is in force the affairs, business and property of the partnership be managed by
(i) Insert full name(s) and address(es) of proposed administrator(s) (i)




who is (are) to the best of the petitioner's(s') knowledge and belief qualified to act as (an) insolvency practitioner(s) in relation to the partnership.

The petitioner(s) therefore pray(s) as follows: -
(j) Insert full name of partnership     (1) that the Court make an administration order in relation to (j)
(k) Insert name(s) of proposed administrator(s)     (2) that (k)




be appointed to be the administrator(s) of the said partnership
(l) Insert details of any ancillary orders sought     (3) (l)






or

    (4) that such order may be made in the premises as shall be just.

Note:

It is intended to serve this petition on






(m) Insert here name, address, telephone number, fax number and reference (if any) of a solicitor acting for the petitioner(s) This petition was issued by (m)






(solicitor for) the petitioner(s) whose address for service is:






     ENDORSEMENT

This petition against the partnership having been

presented to the Court on


will be heard at Royal Courts of Justice, Chichester

Street, Belfast, BT1 3JF

on:

Date


Time


(or as soon thereafter as the petition can be heard)



FORM 3

Schedule 3 para 3 Art. 185A(1)

Petition to Wind up Partnership by Liquidator, Administrator, Trustee or Supervisor

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

(a) Insert name of partnership IN THE MATTER OF (a)

("the partnership")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full names(s) and address(es) of petitioner(s) The petition of (b)






(c) Delete as appropriate      1. I am/We are the (c) [joint]liquidator(s)/administrator(s)/trustee(s)/supervisor(s) of
(d) Insert name of insolvent (d)


who is/was a member of the partnership, the nature of whose business is/was
(e) Insert nature of partnership's business (e)


     2. (c) The centre of main interests, being the place where the partnership conducts the administration of its interests is at
(f) Insert address of principal place of business to show jurisdiction of the Court (f)


OR

(c) The centre of main interests is located outside the United Kingdom but within the European Union and the partnership has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at

OR

(c) the centre of main interests is located outside the European Union

OR

(c) the partnership, carry on business as an insurance undertaking; a credit institution; investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation

     3. The proceedings will be main or secondary or territorial proceedings for the purposes of the EC Regulation

OR

The proceedings do not fall within the EC Regulation

Under the EC Regulation:

      (i) the centre of main interests should correspond to the place where the      conducts the administration of his interests on a regular basis;

      (ii) establishment is defined as "any place of operations where the      carries out a non-transitory economic activity with human means and goods."
(g) Delete as appropriate. If the partnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years.      4. The partnership has carried on its business in Northern Ireland at some time during the period of (g) [3 years] [1 year] ending with the day on which this petition is presented.

     5. The partnership (c) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking referred to by Article 1.2 of the EC Regulation.
(h) Insert name of person swearing affidavit

(i) Insert whether main, secondary or territorial proceedings

      6. For the reasons stated in the affidavit of (h)
filed in support hereof it is considered that the EC Regulation (c) will/will not apply and that these proceedings will be (i)
proceedings as defined in Article 3 of the EC Regulation.
(j) Set out grounds on which a winding-up order is sought      7. (j)






     8. In the circumstances the partnership should be wound up.

The petitioner(s) therefore pray(s) as follows: -

    (1) that (a)


may be wound up by the Court under the provisions of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnership Order (Northern Ireland) 1995

OR

    (2) that such other order may be made as the Court thinks fit.

Note:

It is intended to serve this petition on the partnership [and]
(k) Add full name and address of any other person on whom it is intended to serve this petition (k)






     ENDORSEMENT

This petition against the partnership having been presented to the Court on
will be heard at Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF on:

Date


Time


(or as soon thereafter as the petition can be heard)

The solicitor to the petitioner is: -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 5

Schedule 4 para 8 Art. 104(1)(a)

Creditor's Petition to Wind Up Partnership (Presented in Conjunction with Petitions against Members)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)



(a) Insert name of partnership IN THE MATTER OF (a)

("the partnership")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full name(s) and address(es) of petitioner(s) The petition of (b)




     1. The nature of the partnership's business is/was
(c) Insert the nature of the partnership's businesses (c)




(d) Delete as appropriate

(e) Insert nature of partnership's business

      2. (d) The centre of main interests being the place where the partnership conducts the administration of its interests is at (e)


OR

(d) The centre of main interests is located outside the United Kingdom but within the European Union and the partnership have an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at

OR

(d) The centre of main interests is located outside the European Union

OR

(d) The partnership carry on business as an insurance undertaking; a credit institution; investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation.

     3. The proceedings will be main or secondary or territorial proceedings for the purposes of the EC Regulation

OR

The proceedings do not fall within the EC Regulation

Under the EC Regulation:

      (i) the centre of main interests should correspond to the place where the debtor conducts the administration of his interests on a regular basis;

      (ii) establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods".
(f) Delete as appropriate. If the partnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years.      4. The partnership has carried on its business in Northern Ireland at some time during the period of (f) [3 years] [1 year] ending with the day on which this petition is presented.

     5. The partnership (d) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking referred to by Article 1.2 of the EC Regulation.
(g) Insert name of person swearing affidavit

(h) Insert whether main, secondary or territorial proceedings

      6. For the reasons stated in the affidavit of (g)
filed in support hereof it is considered that the EC Regulation (d) will/will not apply and that these proceedings will be (h)
proceedings as defined in Article 3 of the EC Regulation

     7. The partnership is justly and truly indebted to me [us] in the aggregate sum of £
the above-mentioned debt is for a liquidated sum payable immediately.]
(i) Insert date of service On (i)
a demand was served upon the partnership by
(j) State manner of service of demand (j)


in respect of the above-mentioned debt. To the best of my knowledge and belief the demand has not been complied with.
(k) Insert full name of partnership On (i)
(a) demand(s) was/were served upon (k)


(a) member(s) of the partnership by (j)





in respect of the above-mentioned debt. To the best of my knowledge and belief the demand(s) (d) has/have not been complied with.

     8. The partnership is unable to pay its debts and in the circumstances the partnership should be wound up.

The petitioner(s) therefore pray(s) as follows: -

    (1) that (a)


may be wound up by the Court under the provisions of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

OR

    (2) that such other order may be made as the Court thinks fit.

NOTE 1:

Petitions are also being presented against the following members of the partnership:

NAME ADDRESS TYPE OF PETITION (WINDING-UP OR BANKRUPTCY) DATE DEMAND SERVED
                   
                   
                   
                   
                   

NOTE 2:

It is intended to serve this petition on the partnership

ENDORSEMENT

This petition against the partnership having been presented to the Court on
will be heard at Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF

on:

Date


Time


(or as soon thereafter as the petition can be heard)

The solicitor to the petitioner is: -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 6

Schedule 4 para 8 Art. 104(1)(a)

Creditor's Petition to Wind Up Corporate Member (Presented in Conjunction with Petition against Partnership)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)



(a) Insert name of corporate member subject to winding-up petition IN THE MATTER OF (a)

("the company")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full name(s) and address(es) of petitioner(s) The petition of (b)




(c) Insert date of incorporation

(d) Insert title of Companies Act or Order under which the company was incorporated

(e) Insert address of registered office

      1. The company was incorporated on (c)


under (d)


     2. The registered office of the company is at (e)






     3. The nominal capital of the company is £
divided into
shares of £
each. The amount of the capital paid up or credited as paid up is £


     4. The principal objects for which the company was established are as follows: -







and other objects in the memorandum of association of the company.
(f) Delete as appropriate      5. The company (f) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking referred to in Article 1.2 of the EC Regulation.
(g) Insert name of person swearing affidavit

(h) Insert whether main, secondary or territorial proceedings

      6. For the reasons stated in the affidavit of (g)
filed in support hereof it is considered that the EC Regulation (f) will/will not apply and that these proceedings will be (h)
proceedings as defined in Article 3 of the EC Regulation
(i) Insert full name of partnership against which winding-up petition has been presented to this Court

(j) Delete as appropriate. If the partnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years.

(k) Insert appropriate date

(l) State manner of service of demand

      7. The subject of this petition is a member of (i)




which has carried on business in Northern Ireland at some time during the period of (j) [3 years] [1 year] ending with (k)
, the day on which a winding-up petition was presented to this Court against the partnership.

     8. The partnership is justly and truly indebted to me [us] in the aggregate sum of £
. The above-mentioned debt is for a liquidated sum payable immediately. On (k)
a demand was served upon the company and the partnership by (l)




in respect of the above-mentioned debt. To the best of my knowledge and belief the demand has not been complied with.

     9. The partnership is unable to pay its debts and in the circumstances the corporate member should be wound up.

The petitioner(s) therefore pray(s) as follows: -

    (1) that (a)


may be wound up by the Court under the provisions of the Insolvency (Northern Ireland) Order 1995

OR

    (2) that such other order may as the Court thinks fit.

NOTE 1:

Petitions are also being presented against the following members of the partnership:

NAME ADDRESS TYPE OF PETITION (WINDING-UP OR BANKRUPTCY) DATE DEMAND SERVED
                   
                   
                   
                   
                   

NOTE 2:

It is intended to serve this petition on (a)




ENDORSEMENT

This petition having been presented to the Court on
will be heard at Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF

on:

Date


Time


(or as soon thereafter as the petition can be heard)

The solicitor to the petitioner is: -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 7

Schedule 4 para 8 Art. 104(1)(c)

Creditor's Bankruptcy Petition against Individual Member (Presented in Conjunction with Petition against Partnership)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)



(a) Insert name of individual member subject to petition IN THE MATTER OF (a)

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full name(s) and address(es) of petitioner(s) I/We (b)






petition the Court that a bankruptcy order may be made against
(c) Insert full name, place of residence and occupation of individual member (c)






(d) Insert in full any other name(s) by which the member is or has been known [also known as (d)


]
(e) Insert trading name (adding "with another or others", if this is so), business address and nature of business [and carrying on business as (e)




]
(f) Insert any former address(es) at which the member has resided after the time at which the petition debt of the partnership (i) was incurred [and lately residing at (f)






]
(g) Give same details as specified in note (e) above for any other businesses which have been carried on at or after the time at which the petition debt of the partnership (i) was incurred or at which the member may have incurred debts or liabilities still unpaid or unsatisfied [and lately carrying on business as (g)






]
(h) Delete as appropriate (h) The debtor's centre of main interests, being the place where he conducts the administration of his interests, is located within the United Kingdom, at



OR

The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at




OR

The debtor's centre of main interests is located outside the European Union

OR

The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation.

The proceeding will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation,

OR

The proceedings do not fall within the EC Regulation.

Under the EC Regulation:

      (i) the centre of main interests should correspond to the place where the debtor conducts the administration of his interests on a regular basis;

      (ii) establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods".

On the grounds that:
(i) Insert full name of partnership against which winding-up petition has been presented to this Court

(j) Delete as appropriate. If the parnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years.

(k) Insert appropriate date.

(l) State manner of service of demand

 he is a member of (i)


which has carried on business in Northern Ireland at some time during the period of (j) [3 years] [1 year] ending with (k)
, the day on which a winding-up petition was presented to this Court against the partnership.

The partnership is justly and truly indebted to me [us] in the aggregate sum of £
.

The above-mentioned debt is for a liquidated sum payable immediately.

On (k)


a demand was served upon the member and the partnership by (l)




in respect of the above-mentioned debt.

To the best of my knowledge and belief the demand has not been complied with nor set aside in accordance with the Rules and no application made to set it aside is outstanding.

The partnership is unable to pay its debts and in the circumstances a bankruptcy order should be made against (a)



NOTE 1:

Petitions are also being presented against the following members of the partnership:

NAME ADDRESS TYPE OF PETITION (WINDING-UP OR BANKRUPTCY) DATE DEMAND SERVED
                   
                   
                   
                   
                   

NOTE 2:

It is intended to serve this petition on (a)




     ENDORSEMENT

This petition having been presented to the Court on
it is ordered that the petition shall be heard as follows:

Date


Time


Place Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF
(m) Insert name of member and you, the above-named (m)


are to take notice that if you intend to oppose the petition you must not later than 7 days before the date fixed for the hearing:

      (i) file in Court a notice in Form 6.20 in Schedule 2 to the Insolvency Rules (Northern Ireland) 1991 specifying the grounds on which you object to the making of a bankruptcy order; and

      (ii) send a copy of the notice to the petitioner or his solicitor.
(n) Only to be completed where the petitioning creditor is represented by a solicitor The solicitor to the petitioner is (n): -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 11

Schedule 6 para 2 Art. 104(1)(a)

Members' Petition to Wind up Partnership (Presented in Conjunction with Petitions against Members)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)



(a) Insert name of partnership subject to petition IN THE MATTER OF (a)

("the partnership")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full name(s) and address(es) of petitioner(s) The petition of (b)




(c) Insert the nature of the partnership's business      1. The nature of the partnership's business is/was (c)




(d) Insert address of principal place of business      2. The principal place of business of the partnership is at (d)




(e) Delete as appropriate. If the partnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years

Note: the petition should be presented by all members unless the Court has otherwise directed under Article 104(3) of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

(f) Delete as appropriate

      3. The partnership has carried on its business in Northern Ireland at some time during the period of (e) [3 years] [1 year] ending with the day on which this petition is presented.

This petition is presented by the members of the partnership.

     4. The partnership (f) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking referred to in Article 1.2 of the EC Regulation.
(g) Insert name of person swearing affidavit

(h) Insert whether main, secondary or territorial proceedings

      5. For the reasons stated in the affidavit of (g)
filed in support hereof it is considered that the EC Regulation (f) will/will not apply and that these proceedings will be (h)
proceedings as defined in Article 3 of the EC Regulation

     6. The partnership is unable to pay its debts and in the circumstances the partnership should be wound up.

The petitioner(s) therefore pray(s) as follows: -

    (1) that (a)


may be wound up by the Court under the provisions of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

OR

    (2) that such other order may be made as the Court thinks fit.

NOTE 1:

Petitions are also being presented against the following members of the partnership:

NAME ADDRESS TYPE OF PETITION (WINDING-UP OR BANKRUPTCY)
              
              
              
              
              

NOTE 2:

It is intended to serve this petition on the partnership.

ENDORSEMENT

This petition been presented to the Court on
will be heard at Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF

on:

Date


Time


(or as soon thereafter as the petition can be heard)

The solicitor to the petitioner is: -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 12

Schedule 6 para 2 Art. 104(1)(b)

Members' Petition to Wind Up Corporate Member (Presented in Conjunction with Petition against Partnership)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)



(a) Insert name of corporate member subject to winding-up petition IN THE MATTER OF (a)

("the company")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full name(s) and address(es) of petitioner(s) The petition of (b)




(c) Insert date of incorporation

(d) Insert title of Companies Act or Order under which the company was incorporated

(e) Insert address of registered office

      1. The company was incorporated on (c)


under (d)


     2. The registered office of the company is at (e)






     3. The nominal capital of the company is £
divided into
shares of £
each. The amount of the capital paid up or credited as paid up is £


     4. The principal objects for which the company was established are as follows:







and other objects stated in the memorandum of association of the company.
(f) Delete as appropriate      5. The company (f) is/is not an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking referred to in Article 1.2 of the EC Regulation.
(g) Insert name of person swearing affidavit

(h) Insert whether main, secondary or territorial proceedings

      6. For the reasons stated in the affidavit of (g)
filed in support hereof it is considered that the EC Regulation (f) will/will not apply and that these proceedings will be (h)
proceedings as defined in Article 3 of the EC Regulation
(i) Insert full name of partnership against which winding-up petition has been presented to this Court

(j) Delete as appropriate. If the partnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years.

(k) Insert appropriate date.

Note: the petition should be presented by all members unless the Court has otherwise directed under Article 104(3) of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995. If the Court has so directed, then each member against whom a petition is being presented should state that he is willing for an insolvency order to be made against him.

      7. The subject of this petition is a member of (i)
which has carried on business in Northern Ireland at some time during the period of (j) [3 years] [1 year] ending with (k)
, the day on which a winding-up petition was presented to this Court against the partnership.

     8. A petition has been presented against the partnership by its members and this petition is presented in conjunction with that petition.

     9. The partnership is unable to pay its debts, each member is willing for an insolvency order to be made against that member and in the circumstances the corporate member should be wound up.

The petitioner(s) therefore pray(s) as follows: -

    (1) that (a)

may be wound up by the Court under the provisions of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

OR

    (2) that such other order may be made as the Court thinks fit.

NOTE 1:

Petitions are also being presented against the following members of the partnership:

NAME ADDRESS TYPE OF PETITION (WINDING-UP OR BANKRUPTCY)
              
           
              
              
              

NOTE 2:

It is intended to serve this petition on (a)






ENDORSEMENT

This petition having been presented to the Court on
will be heard at Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF

on:

Date


Time


(or as soon thereafter as the petition can be heard)

The solicitor to the petitioner is: -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 13

Schedule 6 para 2 Art. 104(1)(c)

Member's Bankruptcy Petition against Individual Member (Presented in Conjunction with Petition against Partnership)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)



(a) Insert name of individual member subject to petition IN THE MATTER OF (a)

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

To the High Court of Justice in Northern Ireland
(b) Insert full name(s) and address(es) of petitioner(s) I/We (b)






(c) Insert full name, place of residence and occupation of individual member petition the Court that a bankruptcy order may be made against (c)






(d) Insert in full any other name(s) by which the member is or has been known [also known as (d)


]
(e) Insert trading name (adding "with another or others", if this is so), business address and nature of business [and carrying on business as (e)




]
(f) Insert any former address(es) at which the member has resided after the time at which the petition debt of the partnership (i) was incurred [and lately residing at (f)






]
(g) Give same details as specified in note (e) above for any other businesses which have been carried on at or after the time at which the petition debt of the partnership (i) was incurred or at which the member may have incurred debts or liabilities still unpaid or unsatisfied

(h) Delete as appropriate

 [and lately carrying on business as (g)






]

(h) The debtor's centre of main interest being the place where he conducts the administration of his interests, is located within the United Kingdom, at



OR

The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at


OR

The debtor's centre of main interests is located outside the European Union

OR

The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to Article 1.2 of the EC Regulation

The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation
(i) Insert full name of partnership against which winding-up petition has been presented to this Court

(j) Delete as appropriate. If the partnership has a principal place of business in both Northern Ireland and in Scotland the relevant period is 1 year. In any other case it is 3 years.

(k) Insert an appropriate date

Note: the petition should be presented by all members unless the Court has otherwise directed under Article 104(3) of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995. If the Court has so directed, then each member against whom a petition is being presented should state that he is willing for an insolvency order to be made against him

 OR

The proceedings do not fall within the EC Regulation.

Under the EC Regulation;

      (i) the centre of main interests should correspond to the place where the debtor conducts the administration of his interests on a regular basis;

      (ii) establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods".

On the grounds that:

he is a member of (i)



which has carried on business in Northern Ireland at some time during the period of (j) [3 years] [1 year] ending with (k)
, the day on which a winding-up petition was presented to this Court against the partnership.

A petition has been presented against the partnership by its members and this petition is presented in conjunction with that petition.

The partnership is unable to pay its debts, each member is willing for an insolvency order to be made against that member and in the circumstances a bankruptcy order should be made against (a)



NOTE 1:

Petitions are also being presented against the following members of the partnership:

NAME ADDRESS TYPE OF PETITION (WINDING-UP OR BANKRUPTCY)
              
              
              
              
              

NOTE 2:

It is intended to serve this petition on (a)






     ENDORSEMENT

This petition having been presented to the Court on
it is ordered that the petition shall be heard as follows:

Date


Time


Place Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF
(1) Insert name of member and you, the above-named (l)


are to take notice that if you intend to oppose the petition you must not later than 7 days before the date fixed for the hearing:

      (i) file in Court a notice in Form 6.20 in Schedule 2 to the Insolvency Rules (Northern Ireland) 1991 specifying the grounds on which you object to the making of a bankruptcy order; and

      (ii) send a copy of the notice to the petitioner or his solicitor.
(m) Only to be completed where the petitioning creditor is represented by a solicitor The solicitor to the petitioner is (m): -

Name


Address






Tel. No.


Fax No. (if any)


Reference





FORM 14

Schedule 7 para 3 Art. 238(3)(a)

Joint Bankruptcy Petition against Individual Members

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

(a) Insert name of partnership subject to petition IN THE MATTER OF (a)

("the partnership")

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995

Details of members
(b) Insert separately for each member their full name, any other names by which they are or have been known and their occupation

(c) Insert separately for each member their residential address

(d) Excluding the partnership, insert separately for each member the trade name, business address and nature of any business carried on at, or after, the time the partnership debts were incurred.

(e) Delete as appropriate

    *(1) I, (b)




(c)






[and carrying on/lately carrying on business as

(d)




]

(e) The debtor's centre of main interests, being the place where he conducts the administration of his interests, is located within the United Kingdom, at


OR

The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at


OR

The debtor's centre of main interests is located outside the European Union

OR

The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation.

The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation

OR

The proceedings do not fall within the EC Regulation.

Under the EC Regulation:

      (i) The centre of main interests should correspond to the place where the debtor conducts the administration of his interests on a regular basis;

      (ii) establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods".

AND
(b) Insert separately for each member their full name, any other names by which they are or have been known and their occupation

(c) Insert separately for each member their residential address

(d) Excluding the partnership, insert separately for each member the trading name, business address and nature of any business carried on at, or after, the time the partnership debts were incurred.

(e) Delete as appropriate

    *(2) I,(b)




(c)






[and carrying on/lately carrying on business as

(d)




]

(e) The debtor's centre of main interest being the place where he conducts the administration of his interests, is located within the United Kingdom,

at


OR

The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No 1346/2000 within Northern Ireland at


OR

The debtor's centre of main interests is located outside the European Union

OR

The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to Article 1.2 of the EC Regulation.

The proceedings will be main OR secondary OR territorial proceedings for the purposes of the EC Regulation

OR

The proceedings do not fall within the EC Regulation

AND
(b) Insert separately for each member their full name, any other names by which they are or have been known and their occupation

(c) Insert separately for each member their residential address

(d) Excluding the partnership, insert separately for each member the trading name, business address and nature of any business carried on at, or after, the time the partnership debts were incurred.

(e) Delete as appropriate

    *(3) I, (b)




(c)






[and carrying on/lately carrying on business as

(d)




]

(e) The debtor's centre of main interests being the place where he conducts the administration of his interests, is located within the United Kingdom, at



OR

The debtor's centre of main interests is located outside the United Kingdom but within the European Union and he has an establishment as defined by EC Regulation No. 1346/2000 within Northern Ireland at


OR

The debtor's centre of main interests is located outside the European Union

OR

The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to Article 1.2 of the EC Regulation.

The proceedings will be main OR secondary OR territorial proceedings for the purposes of EC Regulation

OR

The proceedings do not fall within the EC Regulation.

Under the EC Regulation:

      (i) The centre of main interests should correspond to the place where the debtor conducts the administration of his interests on a regular basis;

      (ii) establishment is defined as "any place of operations where the debtor carries out a non-transitory economic activity with human means and goods".
(f) Insert trading name, business address(es) and nature of partnership business the subject of this petition.

Notes

(1) The petition should be presented by all members unless the Court has otherwise directed under Article 240(1) of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995.

(2) If this petition is not signed by all the partners presenting it, it must be accompanied by an affidavit in Form 15 made by the partner or one of the partners who signs the petition showing that all the partners are individual members and not limited partners and that all the partners presenting the petition concur in presentation (Art. 238(4))

 We, being all the members of (f)






and all of us being individual members and none of us being limited partners and being unable to pay the debts of the partnership

and the members of the partnership having carried on its business in Northern Ireland at some time during the period of 3 years ending with the day on which this petition is presented

Petition the Court that bankruptcy orders be made against us and that the trustee of our estates wind up the partnership business and administer the partnership property.

Signature(s)


(member(s) of partnership)

Date





FORM 16

Schedule 7 para 3 Art. 238(5)

Bankruptcy Orders on Joint Bankruptcy Petition Presented by Individual Members

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)

(a) Insert names of individual members IN THE MATTER OF (a)

AND IN THE MATTER OF THE INSOLVENT PARTNERSHIPS ORDER (NORTHERN IRELAND) 1995
(b) Insert date Upon the petition of the above-named individual members of a partnership ("the partnership") which was presented on (b)


And upon hearing




(c) Insert full description of individual members as set out in the petition And upon reading the petition and statements of affairs

It is ordered that (c)






and (c)








[and (c)




]

be adjudged bankrupt.
(d) Insert name of any bankrupt in respect of whom a certificate of summary administration is issued under Art. 249 of the Insolvency (Northern Ireland) Order 1989 as modified by the Insolvent Partnerships Order (Northern Ireland) 1995

(e) Delete as appropriate

(f) Insert name of debtor(s)

(g) Insert whether main, secondary or territorial proceedings

 [And it is certified that the estate(s) of (d)






the bankrupt(s) be administered in a summary manner].

And the Court being satisfied that the EC Regulation (e) does/does not apply and it is ordered that the proceedings in relation to (f)




are (g)
proceedings as defined in Article 3 of the EC Regulation

And it is also ordered that the trustee of the bankrupts' estates be trustee of the partnership estate and that he wind up the affairs of the partnership and administer the partnership property.

Date


Time
hours

Important Notice to Bankrupts

The Official Receiver is by virtue of this order trustee of the bankrupts' estates and trustee of the partnership. You are requested to attend upon the Official Receiver at
(h) Insert address of Official Receiver's office (h)






immediately after you have received this order.

The Official Receiver's offices are open Monday to Friday (except on holidays) from 10.00 to 16.00 hours.
(i) Order to be endorsed where individual members are represented by a solicitor ENDORSEMENT (i)

The solicitor(s) to the individual members is (are): -

Name of individual members:




Name of solicitor:




Address






Telephone No.


Fax No.


Reference




Name of individual member:




Name of solicitor:




Address






Telephone No.


Fax No.


Reference


Name of individual member:




Name of solicitor:




Address






Telephone No.


Fax No.


Reference






EXPLANATORY NOTE

(This note is not part of the Order.)


This Order amends the Insolvent Partnerships Order (Northern Ireland) 1995 (S.R.1995 No. 225) ("the 1995 Order") in the light of Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings (O.J. No. L160, 30.06.00, p. 1) ("the EC Regulation") which came into force on 31st May 2002.

The EC Regulation aims to provide for the efficient and effective functioning of cross-border insolvency proceedings in the European Union.

The amendments made by this Order are -

Notes:

 [1] S.I. 1989/2405 (N.I. 19) - to which the most recent relevant amendments were made by S.R. 2002 No. 223back

[2] Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1)back

[3] S.R. 1995 No. 225 as amended by S.R. 1996 No. 472back

[4] Council Regulation (EC) 1346/2000, (O.J. No. L160, 30.06.00. p. 1)back


ISBN 0 33795038 5


  © Crown copyright 2003

Prepared 11 April 2003

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