Explanation
A Joint Life Policy (JLP) is an insurance policy that is taken by the partnership firm on the joint lives of all partners. The amount of the policy is payable by the insurance company either on the death of a partner or maturity of the policy, whichever is earlier. The firm pays an annual premium to the insurer against the policy.
On the death of a partner following entries are passed:
To Joint Life Policy A/c
(policy value received from the insurance company on partner’s death)
To All partner’s capital A/c (separately)
Therefore, on the death of a partner, the amount of joint life policy should be credited to the capital account of all partners, including the deceased partner, in their old profit sharing ratio.
· New profit sharing ratio: Ratio in which the partners decide to share profits/losses in future.
There are different cases when partnership can have new profit sharing ratio:
· Sometimes the partners may decide to change their existing profit sharing ratio, without any admission or retirement of partner,
· At the time of admission of the new partner
· At the time of retirement or death of an old partner
In the above question profit sharing ratio of C, M and Y is :
1/2 : 2/5 : 1/10 i.e. 5 : 4 : 1 after taking LCM.
If C retires, the new profit sharing ratio between M and Y is 4 : 1 ( because, gaining or sacrificing ration is not given)
Retirement of a partner:
A partner may retire-
a. with the consent of all the other partners,
b. in accordance with an express agreement by the partners, or
c. where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.
According to the Garner Vs Murray rule, the loss arising on insolvency of a partner is a capital loss which should be borne by the solvent partners in their capital ratio. Once a partner is insolvent, the loss arising from him to be borne by the other partners in their capital ratio. Here, the loss on insolvency of C will be shared by A & B in the ratio of their fixed capitals, i.e, 10,000 : 6,000 or 5 : 3.
Insolvency of partnership implies insolvency of one or more partners of firm (since partnership and partners are same from legal point of view). Loss arising out of insolvency of one or more partners shall be borne by remaining solvent partners in their capital ratio. Therefore, A & B will share the loss due to insolvency of C in the ratio 10,000:5,000 or 2:1.
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