Financial Restructuring and Bankruptcy Law

Article 244 — Article (244) Application to Initiate Proceedings Applies to Active Partners

Part Four: Common Provisions · Chapter Two: Companies

1. The application for initiation of the proceedings submitted regarding the company's debt shall be considered to be submitted at the same time regarding the debt of each of the Active Partners therein on the date of submitting the application, in addition to the partners who exited the company and remained obligated to repay its debts. 2. Each debt shall be independent of other debts in terms of proceedings, such as the verification of debts, the appointment of trustees, creditor meetings, plans submitted, trustees and controllers, as well as the decisions taken in each debt and the judgments issued therein. The company's assets consist of its liabilities, including the partners' shares, and its liabilities include only the rights of its creditors. As for the general partner, his assets consist of his own assets, and his liabilities include the rights of his creditors and the company's creditors. 3. If a decision is issued to initiate for declaring the company's bankruptcy or a judgment is issued to declare its bankruptcy, the same shall not prevent the issuance of the decision to initiate proceedings for preventive settlement or with respect to the partner or vice versa. Furthermore, the same provision shall apply to the debts of each Active Partner with respect to other partners.

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