Economic Crime and Corporate Transparency Act 2023
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Change 1
132 Winding up dissolved limited partnerships
After section 28 of the Limited Partnerships Act 1907 (inserted by section 131 of this Act) insert— Winding up dissolved limited partnerships 29 (1) Where a limited partnership is dissolved and it appears to the court that there has been a failure to wind up the limited partnership under section 6(3A) or (3B) properly or at all, the court may make any order it considers appropriate, including an order— (a) for the purposes of enforcing the duty in section 6(3A) or (3B), (b) in connection with the performance of that duty, or (c) to wind up the limited partnership. (2) The court may make an order under subsection (1) on an application by any of the following— (a) the Secretary of State; (b) the Scottish Ministers, but only if the limited partnership is registered in Scotland or they appear to the court to have sufficient interest for any other reason; (c) the Department for the Economy in Northern Ireland, but only if the limited partnership is registered in Northern Ireland or the Department appears to the court to have sufficient interest for any other reason; (d) any other person appearing to the court to have sufficient interest. (3) The Secretary of State must consult the Scottish Ministers before making an application for an order under subsection (1) in respect of a limited partnership registered in Scotland. (4) The Secretary of State must consult the Department for the Economy in Northern Ireland before making an application for an order under subsection (1) in respect of a limited partnership registered in Northern Ireland. (5) The power in subsection (1) does not limit any other power the court has in the same circumstances.
132 Winding up dissolved limited partnerships
After section 28 of the Limited Partnerships Act 1907 (inserted by section 131 of this Act) insert— Winding up dissolved limited partnerships 29 (1) Where a limited partnership is dissolved and it appears to the court that there has been a failure to wind up the limited partnership under section 6(3A) or (3B) properly or at all, the court may make any order it considers appropriate, including an order— (a) for the purposes of enforcing the duty in section 6(3A) or (3B), (b) in connection with the performance of that duty, or (c) to wind up the limited partnership. (2) The court may make an order under subsection (1) on an application by any of the following— (a) the Secretary of State; (b) the Scottish Ministers, but only if the limited partnership is registered in Scotland or they appear to the court to have sufficient interest for any other reason; (c) the Department for the Economy in Northern Ireland, but only if the limited partnership is registered in Northern Ireland or the Department appears to the court to have sufficient interest for any other reason; (d) any other person appearing to the court to have sufficient interest. (3) The Secretary of State must consult the Scottish Ministers before making an application for an order under subsection (1) in respect of a limited partnership registered in Scotland. (4) The Secretary of State must consult the Department for the Economy in Northern Ireland before making an application for an order under subsection (1) in respect of a limited partnership registered in Northern Ireland. (5) The power in subsection (1) does not limit any other power the court has in the same circumstances.
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