Partnership Deed / Accounts

Others 1407 views 3 replies

Dear Sir,

Kindly comment on the below case.

A Proprietary concern with "X" as capital in the balance sheet and assets in the name of the concern was converted into a Partnership Firm, with the induction of a working partner who was heading the main operations of the concern for the last 11 years. All the assets were got into the books of accounts of the Partnership Firm.

The first legal document signed by the partners of the firm was the Partnership Deed.  Terms and conditions were drawn out in the Deed and was signed by both the Partners.  The Ex-Proprietor - say A - turned partner declared X/3 as his capital in the Partnership Deed, while taking a major share in the profit / loss of the firm. The other partner agreed to the terms as the capital of A  was reduced, assets were got into the firm in the firms name and being working partner for 11 years agreed for a lesser share in the profit / loss of the firm.

The Balance Sheet of the Firm continued to show the X as the partner's capital for all income tax and bank purpose.  Now in the case of dissolution of the Partnership firm, what will be the captial of the partnerwho has agreed for X/3 in the partnership deed.

Does the capital declared in the Partnership Deed stands good at the time of dissolution of the Partnership firm or does the Capital as per the Balance Sheet.

Kindly advice.

Regds.

Chandran Baloo

Replies (3)

Dear sir,

Here is the question of superceding effect of the partnership deed or the accounts.

Lets review the case step by step

The conversion of Proprietory concern to partnership firm,

transfer of Property into properietorship concern

Reduction of capital,

what ever be the value recorded into the books at the time of introduction of capital stands valid for the desollution.

Originally posted by : Bhavik Davda

Dear sir,

Here is the question of superceding effect of the partnership deed or the accounts.

Lets review the case step by step

The conversion of Proprietory concern to partnership firm,

transfer of Property into properietorship concern

Reduction of capital,

what ever be the value recorded into the books at the time of introduction of capital stands valid for the desollution.

 Dear Mr.Bhavik Davda

 

Noted your reply

Kindly explain the last para.. 

What is the value recorded.????    in this case, the factor X has not changed since the day of Partnership ...instead just a day before the signing of the partnership deed, the capital of the proprietary concern was increased from Y to X. 

Why declare X/3 in the Partnership Deed then,!!  as it was the first legal document signed with terms and conditions by the incoming partner ?? 

Why reduce the capital and increase the share in profit / loss... ???

Dear Chandranji,

I have studied the case in depth it seems that here all the caluses has been followed while converting the proprietorship to partnership except the capial clause. Now in very general the parnership deed is the bible for the partnership firm legal consitution, the accounts should not superced the same or else we can say that it can not be used as per our requirement. But here the question is practicality. The amt. which is shown int the balancesheet have to be taken into account since, the value mentioned or the ratio mentioned in the deed do not stands practical in the case. If following the same the earlier properietor who has put in his 11 years will loose the assset by 66.67%- hence amt. of capital taken in to account to previous balance sheet should be the consideration for doing the dissolution matter.

I hope i am able to simplify the question... let us have views of other participants too.

With Regards,

Bhavik Davda

www.vaibham.com


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