b) In the case of a single or business venture by the termination of the venture or business, the capital is the amount that the partners of the company contribute for the purposes of accessing or exercising the partnership transaction and are generally expressed in cash when it is a property or value. A partner`s participation in the partnership relates to the amount paid and differs from its interest in the partnership`s assets, which relates to its share of the partnership, as defined in the partnership agreement (see item 53.60) (provided there is one – see point 53.54). This can be problematic, for example, where there is a part-time partner and the part-time partner is expected to receive a proportionate share of the profits, or if there is a “sleeping partner” who has contributed more working capital to the partnership and who, as such, wants to receive a larger share of the profits. Section 32 of the Act talks about the retirement of partners. If the partner withdraws from the partnership by dissolving it, it is a dissolution, but not a retirement. 1. A letter of execution cannot issue social property unless a judgment is rendered against the company. When the partnership resulting from the contract is cancelled for fraud and misrepresentation, the party that resulted from the contract is held liable in the following way: subject to a contrary agreement, the losses are paid first on the company`s profits, then on the capital and, if necessary, by the partners themselves in the share in which they are allowed to participate in the profits [Note 41] or , if not, in the same way [Note 42]. Unless the partners take specific provisions to the contrary, the losses are evenly distributed among themselves, even if the amounts of capital they contributed were unequal (see point 53.30) or if they are a dependent partner (see item 53.70), with no right to participate in the benefits of the partnership.
In the event of the dissolution of a partnership, each partner has the right, unlike the other partners of the company and any person entitled through him to his interests as a partner, to assert the ownership of the company for the payment of the debts and liabilities of the business and to claim the excess assets after such payment in payment of what may be owed to the partners , after deducting what may be owed by them as a partner, and applying excess assets after such a payment that may be due to the partners. To the company To this end, any partner or his representatives may ask the Court of Justice, upon termination of the partnership, to cease its activities and affairs. The main differences between a corporation and a limited company are that there is no limited liability in a corporation (see paragraph 53.22) (unless the partnership is a single limited partnership – see part 2) and the company has no legal identity of its own (see paragraph 53.19). [Note 22].