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Partnership Act 1997
48Rule for distribution of assets on final settlement of accounts
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48 Rule for distribution of assets on final settlement of accounts
In settling accounts between the partners, after a dissolution of
partnership, the following rules are, subject to any agreement, to be
observed:
(a) losses, including losses and deficiencies of capital, are to be
paid first out of profits, next out of capital and lastly, if
necessary, by the partners individually in the proportion in
which they were entitled to share profits;
(b) the assets of the firm, including the sums, if any, contributed
by the partners to make up losses or deficiencies of capital,
are to be applied in the following manner and order:
(i) in paying the debts and liabilities of the firm to persons
who are not partners;
(ii) in paying to a partner, rateably, what is due from the firm
to the partner for advances as distinguished from capital;
(iii) in paying to a partner, rateably, what is due from the firm
to the partner in respect of capital;
(iv) the residue, if any, is to be divided among the partners in
the proportion in which profits are divisible.
Part 3 Incorporated limited partnerships