Question

Difficulty: MediumPartnership: Types, Deed, Rights, and Dissolution

Arrange the following steps in the correct statutory sequence for settling accounts and distributing assets upon the dissolution of a partnership firm, from first to last.

  1. 1Payment of debts and liabilities owed to external third-party creditors
  2. 2Settlement of loans and advances made by partners to the firm beyond their capital
  3. 3Repayment of capital contributions to the respective partners
  4. 4Distribution of the remaining surplus among partners according to their agreed profit-sharing ratio

Answer

The correct statutory order for distributing assets upon partnership dissolution is: first, paying external third-party creditors; second, settling partner loans and advances; third, returning partner capital contributions; and fourth, distributing any remaining surplus in the agreed profit-sharing ratio.
Under standard commercial law (Section 44 of the Partnership Act), the settlement of accounts upon dissolution follows a strict hierarchy: external third-party liabilities are paid first, followed by partner loans and advances, then partner capital refunds, and finally the distribution of any remaining surplus among partners according to their agreed profit-sharing ratio.

Step-by-Step Solution

1
Discharge external liabilities
Debts owed to outside creditors and suppliers are fully paid.
Outside creditors hold primary legal claims against the firm's assets.
2
Settle partner loans and advances
Money lent to the firm by partners beyond their capital contributions is repaid.
Partner loans are treated as debt obligations taking precedence over equity capital repayment.
3
Refund partner capital accounts
Capital contributed by each partner is returned.
Equity capital is returned to owners only after all debt claims (external and internal) are cleared.
4
Divide the residual surplus
Remaining net assets are distributed among partners based on their profit-sharing ratio.
Partners receive residual profits in their capacity as equity owners.

Key Concept

Statutory Sequence of Asset Distribution upon Partnership Dissolution
Estimated Time:1m 15s
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