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ACCA Applied Skills · Corporate and Business Law (Global) · Partnerships

Hana, Ivor and Jin are partners. The firm is dissolved and its assets are insufficient to pay a trade creditor, Kestrel Ltd, owed 40,000. Hana has little personal wealth. Which statement is correct about Kestrel's rights in a general partnership?

Kestrel can pursue the partners personally because general partners have unlimited liability for firm debts. A partner who pays more than their share can seek contribution from the others, so creditors are not limited to firm assets or equal thirds.

  1. AKestrel can recover only a one-third share from each partner and no more
  2. BKestrel can only claim against the firm's assets, not partners personally
  3. CKestrel must first obtain a court order dissolving the firm
  4. DKestrel can pursue partners personally, and each partner is liable for the firm's debts, with rights of contribution between themCorrect

Explanation

In a general partnership partners have unlimited personal liability for firm debts incurred while a partner. Under the Global variant's approach, liability is joint (and in some cases several), allowing creditors to pursue personal assets, with partners entitled to contribution from each other. Limiting recovery to a third each or to firm assets ignores unlimited liability.

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