New South Wales Consolidated Acts

PARTNERSHIP ACT 1892 - SECT 44

44 Rule for distribution of assets on final settlement of accounts

In settling accounts between the partners after a dissolution of partnership, the following rules shall, subject to any agreement, be observed--

(a) Losses, including losses and deficiencies of capital, shall 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, shall be applied in the following manner and order--

1 In paying the debts and liabilities of the firm to persons who are not partners therein.

2 In paying to each partner ratably what is due by the firm to the partner for advances as distinguished from capital.

3 In paying to each partner ratably what is due from the firm to the partner in respect of capital.

4 The ultimate residue, if any, shall be divided among the partners in the proportion in which profits are divisible.