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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