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Dissolve a Partnership Firm

How to Dissolve a Partnership Firm?

How to Dissolve a Partnership Firm?

Partnership firm is the business entity that is formed with a sole purpose of profit from business. Two or more parties come together with a formal agreement (known as Partnership Deed) to own and manage the business. Once the purpose is met or after the partners decide to put in end to the partnership it needs to be dissolved and the partnership comes to an end. On dissolution of the firm, the business of the firm ceases to exist since its affairs are would up by selling the assets and by paying the liabilities and discharging the claims of the partners. The dissolution of partnership among all partners of a firm is called dissolution of partnership firm. This is usually done through a dissolution agreement between the partners.

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    Methods of dissolution of a partnership firm in India

    Dissolution with intervention of the court

    When a dissolution is initiated by one partner by suing the other then the courts get involved. But a court can dissolve the firm only if it is registered with the registrar of firms. Hence an unregistered partnership firm can’t be dissolved by the court. The court may intervene and help in the dissolution in situations where one partner becomes incapable to carry out his duties due to incapability, or unsoundness of mind, if a partner is guilty of misconduct that can harm the business, repeated breach of the partnership agreement by a partner. In these situations the court may get involved and help the partnership get dissolved legally.Show Less

    Dissolution without courts intervention

    Usually, partnership firms are dissolved through dissolution agreements between the concerned partners. All the partners come together and sign an agreement confirming such a dissolution and mutually settling all the pending liabilities and accounts among them. Hence there is no need of any third party intervention. This may occur for various reasons like insolvency of partner/partners, or Unlawful business carried on in the name of the partnership firm by one of the partner. In case the term of the decided partnership expires or the task for which the partnership was created is finished, Death of one of the partners and resignation of a partner. It can also be dissolved by a notice of dissolution sent by one partner in written to all other partners.Show Less

    Documents Required for Winding up of Partnership Firm

    PAN Card

    All partners are required to submit their and the firms PAN number as identity proof.

    Address Proof of firm

    If the registered office place is rented, rent agreement and one utility bill (electricity bill, water bill, property tax bill, gas receipt etc.) have to be submitted. Also, NOC from landlord will be submitted.

    Accounting Information

    The financial statement of the partnership firm

    Legal Liabilities

    A statement regarding pending litigation, if any involving the partnership firm

    List of secured creditors

    Original partnership deed and all its modified versions

    Address Proof of firm

    If the registered office place is rented, rent agreement and one utility bill (electricity bill, water bill, property tax bill, gas receipt etc.) have to be submitted. Also, NOC from landlord will be submitted.

    Dissolve A Partnership Firm in 3 Easy Steps

    Step 01

    Fill up the registration form

    • Select any package suits your requirement
    • Fill up the form which will take less than 10 minutes
    • Make payment through secure payment gateway.

    Step 02

    BookMyTM is Here to Help

    • Your queries will be answered quickly and effectively
    • Consultation on Dissolving Partnership
    • Provide details & documents required Dissolving Partnership
    • Drafting of dissolution deed
    • Drafting of Affidavit and Indemnity bond
    • Filing of application to Strike-off partnership

    Step 03

    Your Partnership is dissolved

    All it takes 18 – 20 days*

    *Subjected to Government Processing Time

    The Process of Dissolve a Partnership Firm

    Day 1 - 2

    • Consultation on Dissolution of Partnership
    • Collection of Information
    • Collection of Required Documents (Scanned Copies)
    • Review of Documents and Information provided

    Day 3 - 9

    • Drafting of dissolution agreement
    • Drafting of Affidavit, indemnity bond and other documents
    • Sending the documents to get signed from applicants
    • Receipt of signed documents from applicants

    Day 10 - 12

    • Execution of dissolution agreement
    • Filing of application for dissolution

    Day 13 - 20

    • Government processing time
    • Your partnership is dissolved*
    • *Subjected to Government Processing Time.

    FAQ

    1. What does the dissolution deed of a partnership firm cover?

    Answer:
    The deed typically includes:
    • The date the partnership ceases trading and begins winding up.
    • Partner activities from dissolution to winding up.
    • Return of documents, realization of assets, termination of contracts, and settlement of liabilities.
    • Preparation and approval of final accounts.
    • Distribution of remaining funds post-liabilities.
    • Retention of records.
    • Notification of the dissolution. test.accendoz.com

    2. What is the difference between the dissolution date and the winding-up date?

    Answer:
    • Dissolution date: When the partnership legally ends and partners cease business relations.
    • Winding-up date: When all affairs—including settling liabilities and realizing assets—are fully completed.

    3. How are accounts settled during the winding up of the partnership?

    Answer:
    • Pay firm losses first.
    • Sell assets; proceeds go to:
      • Settling third-party debts,
      • Repaying partner loans,
      • Returning capital to partners proportionate to their contributions,
      • Distributing any surplus according to profit-sharing ratios.
    • Partners may take over assets/liabilities, with adjustments made in their capital accounts. test.accendoz.com

    4. What are partners' liabilities after dissolution?

    Answer:
    Partners remain liable to third parties for actions taken before dissolution until public notice of dissolution is issued. test.accendoz.com

    5. Under what circumstances does a partnership need to be dissolved?

    Answer:
    Dissolution is triggered when:
    • A partnership is for a fixed term and that term expires.
    • A specific project or objective is completed.
    • A partner dies (unless the agreement states otherwise). test.accendoz.com

    6. What rights do partners have after dissolution?

    Answer:
    Partners are entitled to:
    • Recover partnership property to pay debts and liabilities.
    • Share any surplus equally or as per contract/profit ratio.
    • Access records during the winding-up process. test.accendoz.com

    7. What is the difference between dissolution of a partnership firm and dissolution of a partnership?

    Answer:
    • Dissolution of a partnership: Refers to a partner leaving the partnership.
    • Dissolution of a firm: Involves winding up the entire business entity.
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