Div 19Proceedings by or against Firm.

Division 19.—Proceedings by or against Firm.

Attestation of firm signature.

Ib. s. 33.

266. 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.”

Service on firm.

267.—(1.) Any notice or petition for which personal service is necessary shall be deemed to be duly served on all the members of a firm if it is served at the principal place of business of the firm in Australia, or at the principal place of business in a district, on any one of the partners, or upon any person having at the time of service the control or management of the partnership business there.

(2.) The provisions of this Rule shall, so far as the nature of the case will admit, apply in the case of any person carrying on business within the jurisdiction in a name or style other than his own.

Debtor’s petition by firm.

268. Where a firm of debtors file a declaration of inability to pay their debts or bankruptcy petition, the declaration or petition shall contain the names in full of the individual partners, and if it 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 the majority of the partners concur in the filing thereof.

Statement of affairs.

269. 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.

Sequestration against partners.

270. No order of sequestration shall be made against a firm in the firm name, but it shall be made against the partners individually.

Service of creditor’s petition on limited partnership.

271. Unless the Court otherwise orders, a creditor’s petition against a limited partnership shall be served at the principal place of business in Australia or a District of the limited partnership by delivering a sealed copy of the filed petition to one of the general partners there, or to some person having at the time of service, the control or management of the partnership business at that place.

Petition by limited partnership.

272.—(1.) A limited partnership may present a petition in bankruptcy as debtors in the name of the firm.

(2.) The petition shall be signed by a general partner and shall contain in full the names of the general partners, and if the petition is signed in the firm name the petition shall be accompanied by an affidavit made by the partner who signs the petition showing that the majority of the general partners concur in filing the petition.