Western Australian Current Acts

PARTNERSHIP ACT 1895 - SECT 57

57 .         Rules for distribution of assets on final settlement of accounts

        (1)         In settling accounts between the partners after a dissolution of partnership, the rules set out in subsections (2) and (3) shall, subject to any agreement, be observed.

        (2)         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.

        (3)         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 —

            (a)         in paying the debts and liabilities of the firm to persons who are not partners therein;

            (b)         in paying to each partner rateably what is due from the firm to him for advances as distinguished from capital;

            (c)         in paying to each partner rateably what is due from the firm to him in respect of capital;

            (d)         the ultimate residue, if any, shall be divided among the partners in the proportion in which profits are divisible.

        [Section 57 amended: No. 19 of 2010 s. 51.]

[Schedule omitted under the Reprints Act 1984 s. 7(4)(f).]