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 How are losses shared in a partnership?

1. Based on Partnership Deed

  • The loss-sharing ratio is usually defined in the partnership deed
  • Partners agree in advance on how losses will be divided
  • The ratio can be equal or unequal based on mutual consent
  • Written terms help avoid disputes during financial downturns
  • If the deed mentions specific terms, those terms will apply

2. Equal Sharing in Absence of Agreement

  • If no ratio is specified, losses are shared equally by law
  • This applies regardless of capital contribution or role
  • The Indian Partnership Act treats all partners equally by default
  • Equal sharing is automatic unless an alternative is agreed upon
  • Legal equality ensures fairness in the absence of documentation

3. Consideration of Capital and Effort

  • Some firms base loss sharing on the capital invested by each partner
  • Contribution of effort and involvement may also influence the ratio
  • Losses may be adjusted in proportion to profit-sharing terms
  • Such terms must be clearly recorded in the deed to be valid
  • Partners may revise terms if conditions change over time

4. Liability of Each Partner

  • All partners are jointly and individually liable for firm’s losses
  • Even if one partner causes the loss, others may share the burden
  • Each partner’s share of loss depends on the agreed ratio or the legal rule
  • Partners must cover losses from personal funds if needed
  • Unlimited liability applies unless stated otherwise in special cases

5. Treatment of Losses for Minor or Retired Partners

  • A minor admitted for benefits is not liable for losses
  • Retired partners are not responsible for future losses after exit
  • Their liability continues only until the date of retirement
  • Death or insolvency also ends future liability

Public notice ensures that no further claims arise against such partners

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