If, after partnership firm dissolution, any of the assets remain, they are distributed among the partners as per the profit sharing ratio established in the partnership deed.
Therefore, it can be easily said that the decision of closing a partnership firm is a decision that is made collectively by the partners of the said business entity. Through this blog, you are going to know the many ways through which you can achieve partnership firm dissolution.
Dissolving a partnership firm through mutual consent is perhaps the easiest and the most coherent way to dissolve such a firm. Now, this form of dissolution is referred to as voluntary dissolution. The reason for it to be called voluntary because the partners mutually agree that the partnership has run its course or it is time for the partnership to end. The process of dissolving the voluntary closing a partnership firm involves the production of “partnership dissolution agreement”. This agreement entails the following terms:
The agreement formulated should have the signature of all the partners. Therefore, a partnership business should include mutually respecting partners beforehand if this is the way you are looking for to dissolve it.
The chances that both the partners shall agree to closing the firm are quite slim. However, any one of the partners can initiate partnership dissolution by notice. This is a specific notice that is to be filed and forwarded to the Registrar of Partnerships to close down the firm. The notice shall include the following information:
While it might appear to be a simpler way to dissolve a partnership business, it is truly not. When there is a discord between the partners, chances of this notice being challenged are also high. Therefore, one should always be ready with a legal team because one can foresee the challenge happening.
There are certain clauses specified in the partnership deed that makes closing the partnership firm important in cases of certain circumstances. It is called Dissolution of a partnership firm through contingency. The circumstances that can trigger the closure are as follows:
The contingencies are specified in the partnership deed. Therefore, there can be fewer or more contingencies that are specified below.
A compulsory dissolution of partnership firm happens after the contingencies or the orders from the court. As the saying goes- “A clap requires more than one hand”. Therefore, there can be certain conditions where the court might declare that the partnership if unfit to function. These conditions are as follows:
In cases where the closure of partnership isn’t because of misconduct, the resultant profits are divided among the partners as per the agreement. However, if the closure is due to misconduct, the equity of the firm is transferred to a third party.