Guangzhou lawyer Zhang Jing answers: Generally speaking, when a partnership is made, an executor of partnership affairs will be agreed, and this person is generally in charge of partnership affairs and is also responsible for financial books. If the accounts are not clear at the time of dissolution, it will be held liable, and it is likely that the executor of the partnership will be ordered to return the investment funds of the other partners. In the following case, the court directly ordered the financial person in charge of the partnership affairs (who is also the executor of the affairs) to return the investment funds of the other partners.
Excerpt from the verdict:
The court held that this case was a partnership contract dispute, and the "Manufacturing Center Cooperation Agreement" signed by Peng and Cai was legal and valid, and there was a question of whether Cai should return the 254262 to PengThe issue of 23 yuan The partnership between the two parties has actually been unable to continue, and Peng sued for a refund of the money, which is essentially a request to dissolve the partnership and withdraw from the partnership Under normal circumstances, after the termination of the partnership affairs, the partnership parties should liquidate the partnership property and dispose of the property during the partnership period on the basis of liquidation However, in this case, the parties were unable to audit because they could not provide sufficient materials required for the audit, resulting in the income and expenditure and assets of the two parties during the partnership period could not be ascertained and could not be liquidated
According to the "Manufacturing Center Cooperation Agreement", Cai is the executor of the partnership. Cai believes that according to the business model and business conditions during the partnership period, there are surpluses and losses during the partnership period, but the losses during the partnership period are greater than the surplus, so the investment money cannot be returned Cai, as the executive partner during the partnership period, is actually responsible for the operation of the partnership period, and fails to provide sufficient evidence to prove the fact that there is a loss during the partnership period. It is impossible to ascertain the adverse consequences of the relevant assets in the corresponding period, and bear the corresponding legal responsibility; Therefore, Peng asked Cai to return the money 254262The court upheld the litigation request of 23 yuan