In case of dissolution of a firm, Losses including deficiencies of capital, shall be paid first out of ....
In case of dissolution of a firm, Losses including deficiencies of capital, shall be paid first out of ....
Solution
According to Section 48 of the Indian Partnership Act, 1932, losses of the firm (including deficiencies of capital) during dissolution shall be paid in the following order:
First: Out of Profits
Second: Out of Capital
Third: By partners individually in their profit-sharing ratio
The logic behind this sequence is straightforward. Any accumulated profits belong to the firm and should be used to absorb losses before touching the partners' capital. Only when profits are insufficient should the capital be utilized. If both profits and capital fall short, partners must contribute personally in their profit-sharing ratio.
Example: If a firm has accumulated profits of ₹20,000, total capital of ₹50,000, and losses on dissolution amount to ₹15,000, the loss will first be adjusted against the ₹20,000 profit, leaving ₹5,000 profit remaining. The capital remains intact.
However, if the loss were ₹30,000, it would first exhaust the entire ₹20,000 profit, then the remaining ₹10,000 would be adjusted against capital.
This systematic approach ensures equitable treatment and protects partners' capital to the maximum extent possible before requiring additional contributions.
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