Dissolution of a firm refers to the process of ending the existence of a partnership. It is the termination of the partnership business, at which point the assets of the partnership are sold or distributed among the partners, and the partnership is dissolved.
There are several conditions under which a partnership can be dissolved:
- Mutual agreement: The partnership can be dissolved by mutual agreement among the partners. All partners must agree to dissolve the partnership and settle the business affairs.
- Expiration of a fixed term: If the partnership was formed for a fixed term, it will automatically dissolve at the end of the term.
- Completion of a specific task: If the partnership was formed for a specific task or project, it will automatically dissolve once the task or project is completed.
- Retirement or death of a partner: The partnership can be dissolved if a partner retires or dies. The remaining partners must decide whether to continue the business or dissolve it.
- Insolvency: If one or more partners become insolvent (unable to pay their debts) the partnership may dissolve.
- Court order: The partnership can also be dissolved by order of a court of law if any partner is found guilty of misconduct or mismanagement of the business, or if the business has become unlawful or impossible to continue.
Dissolution of a partnership has important legal consequences, and it’s important to follow the proper procedure to ensure that the partnership is dissolved correctly and legally. Generally, the dissolution process includes winding up of the business, settlement of debts and liabilities, distribution of assets among partners and filing of necessary legal documents to dissolve the partnership.