Distribution of Assets
A general rule the Articles of Partnership contains complete regulations like to the rights of partners in such an dissolution. Whether in the absence of that provisions, the subsequent will apply: like;
Conversely the assets or property of the firm must be applied in such paying off the creditors of that firm. Although the assets remaining are to be applied in that paying off the partners the amounts such are due to them like partners by (Section 39). However the assets of the partnership, together about any amounts contributed through partners to make up a deficiency such are to be distributed as follows: like;
(a)In paying off all creditors of the firm who that are not partners. And one is
(b)In paying off rateably any loans made through partners to the firm - such loans being distinguished from capital. And one is
(c)In paying rateably to the partners the amounts because to them in respect of capital. And one is
(d)Any surplus remains it is for be shared among the partners into the proportion in that they share profits by Section 48. So it.
However the rule in Garner v. Murray: like three partners, G, M and W, agreed for contribute in unequal proportions for the partnership capital and for share profits uniformly. Thus here was a loss on realisation so, and, at through the dissolution of the partnership there, W, being insolvent like, whether could not make good the deficiency at his capital such account. However it was held like G and M, before being paid rateably such was because to them in respect of such capital, might each contribute an amount for make good the deficiency of W, there into proportion to the last agreed balance at their capital accounts there.