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dissolution of partnership firm

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Indian Partnership Act 1932
Indian Partnership Act 1932
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dissolution of partnership firm

  1. 1. Dissolution of partnership firm
  2. 2. A partnership is a strategic alliance or relationship between two or more people. Partnerships can be formal, where each party's roles and obligations are spelled out in a written agreement, or informal, where the roles and obligations are assumed or agreed to verbally
  3. 3. A general partnership A limited partnership consists of two or consists of one or more general partners and at more people who go least one limited partner. into business together The general partners and share in the handle the business profits. The general operations and share in liability. The limited partners are each partners contribute involved in the capital to the business, business operations but do not get involved in and share liability on the everyday functions and have only a limited the business liability obligations.
  4. 4. In law, means to end a legal entity or agreement. •When the relation between all the partners of the firm comes to an end, this is called dissolution of the firm. Section 39 of the Indian Partnership Act, provides that “the dissolution of the partnership between all the partners of a firm is called the dissolution of a firm.” It implies the complete break down of the relation of partnership between all the partners.
  5. 5. Cont….
  6. 6. A partner may apply to the court for getting the firm dissolved. On getting such application by any of the partner the court may proceed to order the dissolution of the firm in the following circumstances: 1) If any of the partner becomes of unsound mind 2) If a partner, other than the partner filing the suit is guilty of intentionally and persistently committing a breach of the partnership agreement. 3) If a partner, other than the partner filing the suit has transferred whole of his interest in the firm to a third party without the consent of the other partners. 4) If a partner, other than the partner filing the suit is guilty iof misconduct. 5) If a partner, other than the partner filing the suit has become disabled to perform his duties as a partner. 6) If the court is satisfied that the business of the frim cannot be carried on except a loss.
  7. 7. 1) If all the partners are willing and hereby agree to dissolve the firm. 2) In the following circumstances: a) On the death of any partner. b) If any partner becomes insolvent. c) On the expiry of the duration of the firm. d) On the completion of the venture.
  8. 8. The Dissolution of Partnership takes place under following circumstances: a) when the firm was constituted for a fixed term, on the expiry of that term. b) on the completion of particular venture,if constituted for a purpose. c) on the death of a partner. d) on the insolvency of a partner. e) on the retirement of a partner.
  9. 9. However, there is a difference between ‘dissolution of partnership’ and ‘dissolution of the partnership firm’. The former indicates ending of agreement only to replace it with a new one, but the latter indicates the ending of partnership business altogether. The following points may be noted in comparison between the two:- Cont…
  10. 10. 1. Only the agreement is dissolved, no physical disposal takes place. 2. The partners will continue to run the business with a new agreement. 3. Limited effect on employees or debtors and creditors of the business 4. Many dissolutions of agreement can take place during the life of a partnership business. 5. Admission, retirement and or death of a partner can result in compulsory dissolution of existing agreement.
  11. 11. 1. The Firm is dissolved, by selling off assets and settling liabilities. 2. The partners will discontinue the business 3. Since the business is closed down it affects the workers, debtors and creditors of the firm 4. Dissolution of firm can take place only once in the lifetime of a partnership business. 5.None of these events can lead to a compulsory dissolution of the firm.

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