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Part 1 · General partnership  ›  Title 5 · Liquidation of the partnership › Section 146

Section 146

(1) Liquidation is to be carried out by all of the partners as liquidators, unless it is delegated to individual partners or other persons by resolution of the partners or by the partnership agreement. Where a partner has several heirs, these are required to appoint a joint representative.

(2) Upon application of a party involved, the appointment of liquidators may be made, for compelling reasons, by the court in the district of which the partnership has its seat; in such case, persons other than partners may be appointed as liquidators by the court. In addition to the partners, in the case of section 135 the creditor who gave notice of termination also will be deemed a party involved. In the case of section 145 (3), the liquidators are to be appointed by the court upon application of one of the parties involved.

(3) If insolvency proceedings have been opened in respect of the assets of a partner and an insolvency administrator has been appointed, the insolvency administrator will act in place of the partner.

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