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Home » Bankruptcy » Insolvency Act 1986 - Part IX - Bankruptcy » Chapter I - Bankruptcy Petitions, Bankruptcy Orders » Insolvency Act 1986 - Bankruptcy » 265. Conditions to be satisfied in respect of debtor

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265. Conditions to be satisfied in respect of debtor

(1) A bankruptcy petition shall not be presented to the court under section 264(1)(a) or (b) unless the debtor—

(a) is domiciled in England and Wales,

(b) is personally present in England and Wales on the day on which the petition is presented, or

(c) at any time in the period of 3 years ending with that day—

(i) has been ordinarily resident, or has had a place of residence, in England and Wales, or

(ii) has carried on business in England and Wales.

(2) The reference in subsection (1)(c) to an individual carrying on business includes -

(a) the carrying on of business by a firm or partnership of which the individual is a member, and

(b) the carrying on of business by an agent or manager for the individual or for such a firm or partnership.

(3) This section is subject to Article 3 of the EC Regulation.

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