Exam 30: Formation and Internal Relations of General Partnerships

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Which of the following would lack the capacity to become a partner?

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What is an assumed name statute? Why have many states adopted such statutes?

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Under the RUPA, a partnership agreement may be written or oral, but not implied.

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A distribution in a partnership may be:

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Absent an agreement otherwise, upon dissolution, a partner is entitled to which of the following after payment of partnership creditors?

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Sue, Barb, and Carlotta agree to put in $1,000 each to set up a shelter for lost animals.They each work two days a week.Donations fund the day-to-day operations.Do they have a partnership?

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Partners may elect to have the partnership not be a separate taxable entity, so that only the partners are taxed.

(True/False)
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All 50 states have adopted the Revised Uniform Partnership Act.

(True/False)
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The Oak Grove Partnership decided it would buy personal computers for use by each partner.Unknown to the other partners, Cromwell, a partner, had an ownership interest in a computer store and thought he could get the computers for the partnership at the best price because of his inside position.He did, in fact, obtain eight computers at only $150 above the manufacturer's price, which was $250 less than the next lowest bid for each computer.What consequence?

(Multiple Choice)
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Co-ownership of the means or instrumentality of accomplishing a single business transaction or a limited series of transactions ordinarily results in a:

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A business trust, also called a Massachusetts trust, was devised to avoid burdens of corporate regulation, but it is no longer in use today.

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A partner who has no right to participate in control of the business and who has limited liability is a:

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The UPA grants each partner the right to an account whenever:

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In all types of business entities, the owners can fully share in the management and control of the business.

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A distinguishing characteristic of a business trust is that:

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A sole proprietorship is formed without any formality, is not a separate taxable entity, is dissolved upon death of the owner, and has unlimited liability for the owner.

(True/False)
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Drew, Elmer, and Frank are partners in the DEF partnership.The partnership is being dissolved.It has $200,000 in cash assets and it owes $410,000 to creditors.Profits and losses of the partners are shared equally, although Drew contributed $100,000 in capital; Elmer contributed $50,000 in capital; and Frank contributed $25,000 in capital.Which of the following is correct with regard to the responsibility of each partner?

(Multiple Choice)
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Which of the following expresses the right one has to choose her partners?

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Under the RUPA, a loan from a partner to the partnership is treated the same as loans of a person not a partner, subject to:

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Under the RUPA, a partner must manage the partnership affairs without duty of care.

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