Bankruptcy Act 1988

Proceedings in partnership name.

(New)

36

36. (1) Any two or more persons, being partners, or any person carrying on business under a partnership name, may take proceedings or be proceeded against under this Act in the name of the firm, but in such case the Court may, on application by any person interested, order the names of the persons to be disclosed in such manner, and verified on oath or otherwise, as the Court may direct.

(2) Notwithstanding anything contained in subsection (1) no order of adjudication shall be made against a firm in the firm name but it shall be made against the partners individually with the addition of the firm name.

Annotations:

Modifications (not altering text):

C17

Application of section restricted (25.07.1994) by Investment Limited Partnerships Act 1994 (24/1994), s. 23, S.I. No. 213 of 1994.

Bankruptcy Act, 1988.

23.— For the purposes of the application of sections 30, 31, 32 and 36 of the Bankruptcy Act, 1988, a limited partner shall not be regarded as a partner of an investment limited partnership.