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A partnership may be dissolved under several circumstances, such as mutual agreement among partners, the expiration of the partnership term, or significant changes in partnership conditions. Additionally, the death or bankruptcy of a partner can trigger dissolution. It’s crucial to follow the procedures outlined in your Maine Agreement to Dissolve and Wind up Partnership with Division of Assets between Partners to ensure a smooth transition.
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.
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.
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.
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.
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.
Removing a partner from a general partnership is the act of removing someone from your business that operates as a partnership. It can happen in several different ways, but the most common option is through a clause in the partnership agreement itself.
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.