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Fresco and Garcia form a partnership-HVAC Pros. Garcia's capital contribution is $10,000, and Fresco's is $15,000. The partnership agreement provides that profits are to be shared, with 40 percent for Garcia and 60 percent for Fresco. Later, Garcia makes a $10,000 loan to the partnership when it needs working capital. When the partnership is dissolved, its assets are $50,000, and its debts are $8,000. How should the assets be distributed?

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On the dissolution and winding up of a p...

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When there is no formal, written partnership agreement, an agreement to form a partnership is unenforceable.

A) True
B) False

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Dissociation terminates some of the rights of the dissociated partner, requires the firm to buy his or her interest, and alters the parties' liability to third parties.

A) True
B) False

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The articles of partnership can include any terms that the partners wish, including terms that might be illegal or against public policy in other situations.

A) True
B) False

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A partner can bring an action for an accounting during the term of the partnership and the firm's property can be sold to satisfy the partner's personal debts.

A) True
B) False

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Obie operates Pizza Place. Obie hires Qua to take and fill customers' orders at an hourly wage of $15.00, plus tips. Obie and Qua are


A) not partners, because Qua does not have an ownership interest or management rights in Pizza Place.
B) not partners, because the pay includes an hourly wage.
C) not partners, because the pay includes tips.
D) partners in a partnership.

E) B) and C)
F) A) and B)

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Every act of a partner concerning partnership business binds the firm.

A) True
B) False

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At the option of the partners, a partnership can be a pass-through entity or a taxpaying entity.

A) True
B) False

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A single person carrying on a business for profit, with control over its operation, can form a partnership.

A) True
B) False

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A limited partner can force the dissolution of a limited partnership even if the other partners want to continue the business.

A) True
B) False

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Only a managing partner has the right to full and complete information concerning the conduct of all aspects of partnership business.

A) True
B) False

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Cal, Dex, and Erin agree to be partners in Fajitas, splitting the profits equally. Cal contributes 65 percent of the capital. When Fajitas is dissolved, its liabilities are greater than its assets. The losses are paid by


A) all of the partners in proportion to their capital contributions.
B) all of the partners in proportion to their shares of the profits.
C) Cal because he contributed most of the capital.
D) Dex and Erin because they contributed the least of the capital.

E) None of the above
F) B) and C)

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Sol and Thom agree to form a partnership to sell real property. To be enforceable under the Statute of Frauds, their agreement must be


A) filed in the appropriate state office.
B) in writing.
C) signed by a witness.
D) all of the choices.

E) C) and D)
F) A) and B)

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In some states, limited partners cannot withdraw from a limited partnership.

A) True
B) False

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In many instances, agency law governs the relationships among partners.

A) True
B) False

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Brent and Char are limited partners in Dental Center, a limited partnership. In terms of the firm's books and information regarding partnership business, Brent and Char are entitled to


A) access in proportion to their participation in management of the firm.
B) access to the parts that directly relate to their capital contributions.
C) no access.
D) complete access.

E) C) and D)
F) B) and C)

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Dissociation occurs when a partner ceases to be associated in the carrying on of the partnership business.

A) True
B) False

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Nell is considering forms of business organization for Optic Center, a medical eye clinic. An advantage of a limited liability partnership is that, depending on the applicable state statute, partners can avoid personal liability for


A) their own wrongful acts.
B) any partnership obligation.
C) their own and other partners' wrongful acts.
D) none of the choices.

E) All of the above
F) C) and D)

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Bhat and Cho do business as Data Security, a partnership. In most states, for the purposes of collecting judgments and having accounting performed, this firm would be treated as


A) a combination of individuals.
B) a proprietorship.
C) an independent entity.
D) an aggregate.

E) A) and B)
F) B) and C)

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Olin is a partner in Precision Plumbing. When the partners decide to dissolve the firm, Olin collects and distributes the assets. This results in


A) nothing with respect to the firm's existence.
B) the continuation of the firm's business.
C) the termination of the firm's legal existence.
D) the temporary suspension of the firm's business.

E) A) and B)
F) A) and C)

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