State Codes and Statutes

Statutes > New-york > Ptr > Article-6 > 71

§  71.  Rules  for  distribution.  In  settling  accounts  between the  partners after dissolution,  the  following  rules  shall  be  observed,  subject to any agreement to the contrary:    (a) The assets of the partnership are:    I. The partnership property,    II.  The  contributions  of the partners specified in paragraph (d) of  this subdivision.    (b) The liabilities of the partnership shall rank in order of payment,  as follows:    I. Those owing to creditors other than partners,    II. Those owing to partners other than for capital and profits,    III. Those owing to partners in respect of capital,    IV. Those owing to partners in respect of profits.    (c) The assets shall be applied in the order of their  declaration  in  clause (a) of this paragraph to the satisfaction of the liabilities.    (d)  Except  as  provided  in subdivision (b) of section twenty-six of  this section: (1) partners shall  contribute,  as  provided  by  section  forty, subdivision one, the amount necessary to satisfy the liabilities;  and  (2)  if  any,  but  not all, of the partners are insolvent, or, not  being subject to process, refuse to contribute, the other partners shall  contribute  their  share  of  the  liabilities,  and,  in  the  relative  proportions  in  which  they  share  the  profits, the additional amount  necessary to pay the liabilities.    (e) An assignee for the benefit of creditors or any  person  appointed  by the court shall have the right to enforce the contributions specified  in paragraph (d) of this subdivision.    (f)  Any  partner  or his legal representative shall have the right to  enforce  the  contributions  specified  in   paragraph   (d)   of   this  subdivision,  to the extent of the amount which he has paid in excess of  his share of the liability.    (g) The individual property of a deceased partner shall be liable  for  the contributions specified in paragraph (d) of this subdivision.    (h)  When  partnership  property  and the individual properties of the  partners are in the possession of a court for distribution,  partnership  creditors  shall  have  priority  on  partnership  property and separate  creditors on individual property, saving the rights of lien  or  secured  creditors as heretofore.    (i) Where a partner has become bankrupt or his estate is insolvent the  claims against his separate property shall rank in the following order:    I. Those owing to separate creditors,    II. Those owing to partnership creditors,    III. Those owing to partners by way of contribution.

State Codes and Statutes

Statutes > New-york > Ptr > Article-6 > 71

§  71.  Rules  for  distribution.  In  settling  accounts  between the  partners after dissolution,  the  following  rules  shall  be  observed,  subject to any agreement to the contrary:    (a) The assets of the partnership are:    I. The partnership property,    II.  The  contributions  of the partners specified in paragraph (d) of  this subdivision.    (b) The liabilities of the partnership shall rank in order of payment,  as follows:    I. Those owing to creditors other than partners,    II. Those owing to partners other than for capital and profits,    III. Those owing to partners in respect of capital,    IV. Those owing to partners in respect of profits.    (c) The assets shall be applied in the order of their  declaration  in  clause (a) of this paragraph to the satisfaction of the liabilities.    (d)  Except  as  provided  in subdivision (b) of section twenty-six of  this section: (1) partners shall  contribute,  as  provided  by  section  forty, subdivision one, the amount necessary to satisfy the liabilities;  and  (2)  if  any,  but  not all, of the partners are insolvent, or, not  being subject to process, refuse to contribute, the other partners shall  contribute  their  share  of  the  liabilities,  and,  in  the  relative  proportions  in  which  they  share  the  profits, the additional amount  necessary to pay the liabilities.    (e) An assignee for the benefit of creditors or any  person  appointed  by the court shall have the right to enforce the contributions specified  in paragraph (d) of this subdivision.    (f)  Any  partner  or his legal representative shall have the right to  enforce  the  contributions  specified  in   paragraph   (d)   of   this  subdivision,  to the extent of the amount which he has paid in excess of  his share of the liability.    (g) The individual property of a deceased partner shall be liable  for  the contributions specified in paragraph (d) of this subdivision.    (h)  When  partnership  property  and the individual properties of the  partners are in the possession of a court for distribution,  partnership  creditors  shall  have  priority  on  partnership  property and separate  creditors on individual property, saving the rights of lien  or  secured  creditors as heretofore.    (i) Where a partner has become bankrupt or his estate is insolvent the  claims against his separate property shall rank in the following order:    I. Those owing to separate creditors,    II. Those owing to partnership creditors,    III. Those owing to partners by way of contribution.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ptr > Article-6 > 71

§  71.  Rules  for  distribution.  In  settling  accounts  between the  partners after dissolution,  the  following  rules  shall  be  observed,  subject to any agreement to the contrary:    (a) The assets of the partnership are:    I. The partnership property,    II.  The  contributions  of the partners specified in paragraph (d) of  this subdivision.    (b) The liabilities of the partnership shall rank in order of payment,  as follows:    I. Those owing to creditors other than partners,    II. Those owing to partners other than for capital and profits,    III. Those owing to partners in respect of capital,    IV. Those owing to partners in respect of profits.    (c) The assets shall be applied in the order of their  declaration  in  clause (a) of this paragraph to the satisfaction of the liabilities.    (d)  Except  as  provided  in subdivision (b) of section twenty-six of  this section: (1) partners shall  contribute,  as  provided  by  section  forty, subdivision one, the amount necessary to satisfy the liabilities;  and  (2)  if  any,  but  not all, of the partners are insolvent, or, not  being subject to process, refuse to contribute, the other partners shall  contribute  their  share  of  the  liabilities,  and,  in  the  relative  proportions  in  which  they  share  the  profits, the additional amount  necessary to pay the liabilities.    (e) An assignee for the benefit of creditors or any  person  appointed  by the court shall have the right to enforce the contributions specified  in paragraph (d) of this subdivision.    (f)  Any  partner  or his legal representative shall have the right to  enforce  the  contributions  specified  in   paragraph   (d)   of   this  subdivision,  to the extent of the amount which he has paid in excess of  his share of the liability.    (g) The individual property of a deceased partner shall be liable  for  the contributions specified in paragraph (d) of this subdivision.    (h)  When  partnership  property  and the individual properties of the  partners are in the possession of a court for distribution,  partnership  creditors  shall  have  priority  on  partnership  property and separate  creditors on individual property, saving the rights of lien  or  secured  creditors as heretofore.    (i) Where a partner has become bankrupt or his estate is insolvent the  claims against his separate property shall rank in the following order:    I. Those owing to separate creditors,    II. Those owing to partnership creditors,    III. Those owing to partners by way of contribution.

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