Payment of firm debts, profits and Premium after Dissolution of Partnership

Payment of firm debts and of separate debts

Where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. The separate property of any partner shall be applied first in the payment of his separate debts, and the surplus (if any) in the payment of the debts of the firm.

Personal profits Earned after Dissolution

Subject to contract between the partners, the provisions of clause (a) of section 16 shall apply to transactions by any surviving partner or by the representatives of a deceased partner, undertaken after the firm is dissolved on account of the death of a partner and before its affairs have been completely wound up:

It is provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.

 Return of Premium on Premature Dissolution

Where a partner has paid a premium on entering into partner­ship of a fixed term, and the firm is dissolved before the expiration of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the length of time during which he was a partner, unless-(a) The dissolution is mainly due to his own misconduct, or

(b) The dissolution is in pursuance of an agreement containing no provision for the return of the premium or any part of it.
Payment of firm debts, profits and Premium after Dissolution of Partnership Payment of firm debts, profits and Premium after Dissolution of Partnership Reviewed by Hosne on 12:28 PM Rating: 5
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