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. Court having jurisdiction. 273. A petition by a limited partnership as debtors or against a limited partnership shall be presented to the Court having bankruptcy jurisdiction in the place where the registered office of the limited partnership is situate. Sequestration order against limited partnership. 274. A sequestration order made against a limited partnership shall operate as if it were a sequestration order made against each of the persons who, at the date of the order, is a general partner in the firm. Rights of limited partners. 275. Where a sequestration order is made against a limited partnership any past or present limited partner shall have the same rights as a creditor who has proved his debt would have to inspect the file, to attend meetings of creditors, and to appear on and take part in the public examination of, or any application for, an order of discharge by any general partner. Liability of limited partners. 276. The assets of a limited partnership which, by sub-section (2,) of section 5 of the Act, are to vest in the trustee on all the general partners becoming bankrupt, shall include the liability (if any) of the limited partners, and past general partners, to contribute to the assets of the limited partnership, and that liability may be enforced by the trustee by motion in the bankruptcy, but subject to the following provisions:— (a) No present or past limited partner shall be liable to contribute as such, to the assets of the limited partnership to any greater amount than the amount of any part of his contribution as such limited partner which he may have failed to pay into, or have drawn out, or received back from the partnership assets since he became, or while he remained, a limited partner, except in the case of a present limited partner who is a past general partner and in the case of a past limited partner who has become a present general partner; (b) No past general partner shall be liable to contribute, as such, to the assets of the limited partnership except in respect of partnership debts and obligations incurred while he continued to be a general partner; but every past general partner who has become a limited partner shall in addition to any amount which he may be liable to contribute in respect of partnership debts and obligations incurred while he continued to be a general partner, be liable to contribute to the assets of the limited partnership to an amount equal to the amount of any part of his contribution as such limited partner, which he may have failed to pay into, or have drawn out, or received back from the partnership assets since he became, or while he remained, a limited partner; and (c) No past partner, general or limited, shall be liable to contribute as such to the assets of the limited partnership unless it appears to the Court that the partnership assets otherwise available are insufficient for the payment in full of the partnership liabilities and the costs, charges and expenses of the administration in bankruptcy of the partnership estate.