Queensland Consolidated Acts

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PARTNERSHIP ACT 1891 - SECT 47

47 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 in the firm;
(ii) in paying to each partner rateably what is due from the firm to each partner for advances as distinguished from capital;
(iii) in paying to each partner rateably what is due from the firm to each partner in relation to capital;
(iv) the ultimate residue (if any) is to be divided among the partners in the proportion in which profits are divisible.


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