phoenix & co

A Partnership can be wound up and liquidated as an unregistered company if:

• The partnership is dissolved, or ceases to trade.
• If the partnership is unable to pay its debts.
• If a court feels it is just & equitable to wind it up.

A Partnership winding up petition can be proposed by the following:

• A Creditor’s Petition. A creditor can petition to wind up the partnership, but not issue bankruptcy petitions against the individual partners. Or the creditor can issue a petition to wind up the partnership concurrently with a bankruptcy petition against one or more of the individual partners.
• A Partner’s Petition. The partners (or Trustees) can petition to wind up the partnership, but not bankruptcy. Or the partners can issue a petition to wind up the partnership concurrently with bankruptcy for the individual partners.
• The supervisor of a voluntary arrangement.

Once the petition has been heard by the court and a winding up order made, the Official Receiver will be appointed, as liquidator, to deal with the affairs of the partnership.