Explanation
When a partner’s capital account shows a debit balance on the dissolution of the firm, he has to pay the debit balance to the firm to settle his account. If the partner becomes insolvent, he is not able to pay back the amount owed to the firm by him. The amount not paid is a loss to the firm which under the Garner v/s Murray Rule is to be borne by the solvent partners.
According to Garner v/s Murray Rule:
The loss on account of insolvency of a partner is a capital loss which shall be borne by the solvent partners in the ratio of the balance standing in their capital accounts on the date of dissolution of the firm.
Insolvency of partnership implies insolvency of one or more partners of firm(since partnership and partners are same from the legal point of view). Loss arising out of the insolvency of one or more partners shall be borne by remaining solvent partners in their capital ratio.
A Joint Life Policy (JLP) is an insurance policy which is taken out by the partnership firm on the joint lives of all partners. The amount of policy is payable by the insurance company either on the death or maturity of policy, whichever is earlier. The firm pays annual premium to the insurer against the policy.
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