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Sangeetha   23 March 2016

Partnership insolvency

4 partners - A,B,C, and D, enter into a partnership to start and operate a firm with a part of the initial capital invested by the partners and the rest taken as bank loan. After few years, due to challenges the business does not make enough profits as expected and a significant part of the loan is still due to be paid. At this juncture the partners need to either re-invest, say X amount, or clear off the loan which will be almost 4 times X. Even by selling the assests owned by the firm will not be sufficient to clear off the loan. In this situation one of the partner refuses to re-invest to recover the business and is also not willing to clear off his share of the loan. Other 3 partners are willing to re-invest. How to handle this issue in a legal way so that the other partner pays his share - either re-invest?  

 



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