1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 35
[Subsidiary]
Proceedings by or against firm
132. Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature e.g. "Brown & Co. by James Green, a partner in the said firm.".
133. Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition, the same shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same:
Provided that the court may dispense with proof of the concurrence of any partner if it has been impracticable to obtain his concurrence in time.
134. A creditor's petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from the Colony by any person having the control or management of the business of the firm.
135. Where a petition is filed against a firm, the petitioning creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief.
Attestation of firm signature.
R278.
Debtor's petition by firm.
R281.
Creditor's petition by firm.
Creditor's petition against firm.
Petition by limited partnership.
136. A limited partnership registered under the Limited Partnerships Ordinance may present a petition in bankruptcy as creditors in the name of the firm. The petition shall be signed by a partner or, in the absence of all the partners from the Colony by any person having the control or management of the firm.
137. In cases of partnership, the debtors shall submit a statement of their partnership affairs and each debtor shall submit a statement of his separate affairs.
(Cap. 37.)
Statement of affairs.
R287.
R291.
138. Where a receiving order is made against a firm, the joint and separate creditors shall collectively be convened to the first meeting of creditors.
139. The joint creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted.
Acceptance of composition, etc., by joint and separate creditors.
R292.
Page 35
Page 36
1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 35
[Subsidiary]
Proceedings by or against firm
132. Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature e.g. "Brown & Co. by James Green, a partner in the said firm.".
133. Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition, the same shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the declaration or petition shall be accompanied by an affidavit made by the partner who signs the declaration or petition, showing that all the partners concur in the filing of the same:
Provided that the court may dispense with proof of the con- currence of any partner if it has been impracticable to obtain his concurrence in time.
134. A creditor's petition in the firm name may be presented by any partner of the firm, or in the absence of all the partners from the Colony by any person having the control or management
of the business of the firm.
135. Where a petition is filed against a firm, the petitioning creditor, or if the petitioning creditor is a firm then one of the partners therein, shall state on affidavit the names and addresses of all the partners in the debtor firm to the best of his information and belief.
Attestation of firm signature.
R278.
Debtor's petition by firm.
R281.
Creditor's peti- tion by firm.
Creditor's peti-
tion against firm.
Petition by limited partnership.
136. A limited partnership registered under the Limited Part- nerships Ordinance may present a petition in bankruptcy as creditors in the name of the firm. The petition shall be signed. R283.3 by a partner or, in the absence of all the partners from the Colony by any person having the control or management of the firm.
137. In cases of partnership, the debtors shall submit a state- ment of their partnership affairs and each debtor shall submit a statement of his separate affairs.
(Cap. 37.)
мназиян
Statement of affairs.
R287.
R291.
138. Where a receiving order is made against a firm, the joint First meeting. and separate creditors shall collectively be convened to the first meeting of creditors.
139. The joint creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwith- standing that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted.
Acceptance of composition, etc., by joint and separate creditors.
R292.
Page 35Page 36
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