District of Columbia Liquidation of Partnership with Sale and Proportional Distribution of Assets
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FAQ
Any remaining assets are then divided among the remaining partners in accordance with their respective share of partnership profits. Under the RUPA, creditors are paid first, including any partners who are also creditors.
Typically, state law provides that the partnership must first pay partners according to their share of capital contributions (the investments in the partnership), and then distribute any remaining assets equally.
If dissolution is not covered in the partnership agreement, the partners can later create a separate dissolution agreement for that purpose. However, the default rule is that any remaining money or property will be distributed to each partner according to their ownership interest in the partnership.
In a business partnership, you can split the profits any way you want, under one conditionall business partners must be in agreement about profit-sharing. You can choose to split the profits equally, or each partner can receive a different base salary and then the partners will split any remaining profits.
Once the debts owed to all creditors are satisfied, the partnership property will be distributed to each partner according to their ownership interest in the partnership. If there was a partnership agreement, then that document controls the distribution.
If dissolution is not covered in the partnership agreement, the partners can later create a separate dissolution agreement for that purpose. However, the default rule is that any remaining money or property will be distributed to each partner according to their ownership interest in the partnership.
Only partnership assets are to be divided among partners upon dissolution. If assets were used by the partnership, but did not form part of the partnership assets, then those assets will not be divided upon dissolution (see, for example, Hansen v Hansen, 2005 SKQB 436).
The liquidation or dissolution process for partnerships is similar to the liquidation process for corporations. Over a period of time, the partnership's non-cash assets are converted to cash, creditors are paid to the extent possible, and remaining funds, if any, are distributed to the partners.