Regulation 59

Any application for permission to disclaim any part of the property of an LLP pursuant to paragraph 86(1) of the Fifth Schedule to the Act shall be by summons without notice. Such summons shall be supported by an affidavit showing who are the parties interested and what their interests are. On hearing the summons the Court shall give such directions as it sees fit and, in particular, directions as to the notices to be given to the parties interested or any of them and the Court may adjourn the application to enable any such party to attend.

Where a liquidator disclaims a leasehold interest, he shall immediately file the disclaimer in Form 30 with the Registrar. The disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of disclaimer as in Form 31 has been given. Until the disclaimer is filed by the liquidator the disclaimer shall be in operative.

Where any person claims to be interested in any part of the property of the LLP which the liquidator wishes to disclaim, he shall, at the request of the liquidator, furnish a statement of the interest so claimed by him.