Annex D - Insolvent Partnerships Order 1994

May 2009

Annex D - Insolvent Partnerships Order 1994             

 

Distinguishing features

Ordinary’ Partnerships

Winding -up order (WUO) against partnership with or without Bankruptcy order (BO) against any individual partner or WUO against any corporate partner. WUO against each corporate (partner). All separate court numbers.

Article 11 Partnership

 

Joint bankruptcy order against every partner, trustee of partners’ estates acts as trustee of partnership. No WUO against partnership. All under same Court number. (A ‘bankruptcy’ joint estate account will also be opened.)

Deposit

One deposit applied to the partnership estate.

One deposit apportioned between each partner’s (separate) estate - not to the joint estate.

Administration Fee

Charged to any separate estate and to joint estate.

Charged to each partner’s estate - not to the joint estate.