December 2005
PART 5
In partnership cases where a winding-up order is made against the partnership and bankruptcy orders are made against the partners, a preliminary information questionnaire note 1 should be completed by the principal partner in respect of the joint estate. If there is likely to be any dispute, it may be necessary for two or more partners to complete separate forms. In addition form PIQB should be completed by each individual partner in relation to his/her own estate. If there is a corporate partner against which a separate winding-up order has been made, one or more versions of form PIQC should be completed in respect of its affairs by separately interviewing one or more of the corporate partner’s company officers. Separate narratives should also be taken if the responsibilities of each partner are not clear. The same criteria apply as are mentioned in paragraph 11.25 as to the advisability of separate statements, even if these are largely duplications.
The guidance for compulsory liquidation interviews in Part 2 will apply to the partnership and any corporate partner subject to a winding-up order, and the guidance for conducting creditor's petition bankruptcy interviews in Part 4 will apply to dealing with partners' individual estates where bankruptcy orders have been made against a partner.
11.58 Winding-up order against partnership only
Where there is a winding-up order against the partnership only (and no orders against the partners), form PIQP should be completed by the principal partner, or if there is likely to be any dispute by each partner separately. Separate narratives should be taken from each partner.
The guidance for compulsory liquidation interviews in Part 2 will apply to the partnership.
11.59 Provisional liquidator and interim receiver appointments
Where the official receiver is appointed provisional liquidator note 2 or interim receiver note 3, the full preliminary examination procedure need not be followed but the company’s officers or the debtor should be required to attend such interviews as are appropriate to enable the official receiver to carry out the functions conferred on him/her by the order of appointment. A notice informing the company's officers or bankrupt of the official receiver's appointment should be sent out as soon as the appointment is made note 4. In such cases the power to require the supply of information is conferred by section 235(2) or 286(5).
For more information on provisional liquidations and the appointment of interim receivers, see Chapter 2 - Provisonal liquidators and interim receivers.
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