Clause 353
Payment of partnership debts
of Insolvency, Restructuring and Dissolution Bill
BillNot in forceProvision 353 of 531
Clause 353
(1)
In the case of partners, the joint estate is applicable in the first instance in payment of their joint debts, and the separate estate of each partner is applicable in the first instance in payment of the partner’s separate debts.
(2)
If there is surplus of the separate estates, it is to be dealt with as part of the joint estate.
(3)
If there is surplus of the joint estate, it is to be dealt with as part of the respective separate estates in proportion to the right and interest of each partner in the joint estate.