Companies Act (Cap. 386)
Companies Act (Cap. 386), article 47
47. In the distribution of the assets of a partnership the
following provisions shall apply, unless otherwise provided in the
deed of partnership, that is to say -
(a) where a thing has been contributed in usufruct or
enjoyment, it shall be restored to the partner
contributing it and the partnership shall be held liable
in damages if the thing has perished or deteriorated for
any cause attributable to any of the partners, saving the
right of the partnership to the reimbursement of any
sums so paid against the partner who is at fault;
(b) the assets of the partnership shall first be applied in
repayment of the contributions of the partners and any
balance shall be distributed among the partners in
proportion to their share in the profits of the
partnership;
(c) where it has been agreed that the distribution of the
assets shall be made in kind, the provisions governing
partition of common property shall apply.
Approval of
accounts and
scheme of
distribution.
Amended by:
L.N. 181 of 2006;
L.N. 186 of 2006.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.