Beruflich Dokumente
Kultur Dokumente
A. PARTNERSHIPS
b. it can be adjudged insolvent as long as the partners are all likewise insolvent;
c. it can bring actions;
d. it can incur liabilities.
14. What is the effect when an unlawful partnership is judicially dissolved?
a. the profits of the partnership shall be confiscated in favor of the State;
b. its profits and contribution shall be confiscated in favor of the State;
c. its personality is dissolved;
d. none of the above.
15. Mr. Smith and Mr. Cruz verbally agreed to form a partnership two years from now. Each
future partner will contribute P20,000.00. Upon arrival of the period to form a partnership, Mr.
Smith refused to carry the agreement, can Mr. Cruz enforce the agreement?
a. Yes, the contract of partnership is not covered by the statute of frauds;
b. Yes, the obligation of Mr. Smith is an obligation to give his contribution;
c. No, to compel Mr. Smith is an act of violence because his obligation is
one of to do;
d. No, because no partnership was constituted.
16. Which of the following is not a characteristic of a universal partnership of profits?
a. persons who are prohibited from giving each other any
donation or advantage cannot enter into this partnership;
b. the partners contribute to a common fund all the properties belonging
to them at the time of the constitution of the partnership;
c. one which comprises all that the partners may acquire by
their industry or work during the existence of the partnership;
d. properties owned at the time of the celebration of the contract are
retained by the partners but their usufruct passes to the
partnership.
17. Which of the following properties is not included in a universal partnership
of all present property with a stipulation that all properties subsequently
acquired shall belong to the partnership?
a. properties at the time of the constitution of the partnership;
b. land acquired by donation during the existence of the partnership;
c. fruits of the donated land described in letter (b);
d. commission received by the partners during the existence of
the partnership .
18. Persons prohibited to enter into universal partnership;
a. husband and wife;
b. parties guilty of adultery and concubinage in a civil action;
c. criminals convicted of adultery or concubinage and in consideration of the
same;
d. all of the above;
e. none of the above.
19. What contract is implied in a universal partnership?
a. contract of donation;
b. contract of usufruct;
c. contract of pledge;
c. contract of commodatum.
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20. A partnership that has for its objects determinate things, their use or fruits, or a specific
undertaking, or the exercise of a profession or vocation:
a. partnership at will;
b. partnership for a fixed term;
c. particular partnership;
d. ostensible partnership.
21. A partnership at will exists:
a. when there is no term, express or implied;
b. when it is continued by the habitual managers although the period has ended, or
the purpose has been accomplished;
c. when the partners agree to a specific undertaking;
d. all of the above;
e. a and b only.
22. When two or more persons attempt to create a partnership which failed to comply with the
legal formalities essential for juridical personality, and they represent themselves as partners to
strangers, it results to:
a. partnership by estoppel;
b. de facto partnership;
c. de jure partnership;
d. co-ownership.
23. A partner whose liability to third persons extends to his separate property:
a. capitalist;
b. industrial;
c. general;
d. limited.
24. A partner who is both a secret and silent partner:
a. ostensible;
b. dormant;
c. nominal;
d. liquidating.
25. Andok, Bebot and Coco formed a partnership that would engage in chicken business. Andok
already contributed his equipment appraised at P10 Million while Bebot and Coco would
contribute cash in the same amount. However, Bebot and Coco failed to give their contribution
within the stipulated time. What is the remedy of Andok?
a. action for rescission plus damages because of fundamental and substantial
breach of contract committed by Bebot and Coco;
b. action to collect contribution plus interest and damages because Bebot and
Coco are deemed debtors of the partnership;
c. action for annulment and damages due to fraud in the performance of
obligation;
d. action to declare the contract null and void because of lack of consideration.
26. Every partner who promises to contribute to the partnership:
a. becomes a creditor of the partnership;
b. becomes a debtor of the partnership;
c. is not liable for there is no partnership until delivery of the object that has been
promised;
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a. any time;
b. where one managing partners opposes the acts of the others;
c. where no decision of the majority managing partners can be had and there is tie;
d. controlling partners can not intervene in the management unless sought by the
managers.
39. A partnership formed between a member of a partnership and a third person for a division of
the profits coming to the former from the partnership business:
a. delectus personae;
b. sub-partnership;
c. association;
d. joint venture.
40. Which of the following rights of a partner is not generally available to him during the
existence of the partnership?
a. to demand from his co-partners true and full information of all
things affecting the partnership;
b. to have access to, inspect and copy, at any reasonable hour,
partnership books;
c. to ask for dissolution of the partnership;
d. to demand formal account of partnership affairs.
41. Every partner must account to the partnership for any benefit, and hold as trustee for it any
profits derived by him without the consent of the other partners. This obligation of a partner
pertains to transactions:
a. the partner is authorized by the other partners to enter into;
b. connected with the business of the partnership, whether authorized or not;
c. connected with the formation, conduct, or liquidation of the partnership or from
any use by him of its property;
d. of all partners, whether connected with the partnership business or not.
42. A characteristic of a partner’s right to specific partnership property:
a. a partner has inchoate right over such property;
b. it is subject to the existing obligations of the partnership;
c. a partner is a co-owner with his partners of specific property;
d. the partner’s right is based on mutual agency.
43. A partner’s interest in the partnership:
a. partnership’s property;
b. partner’s contribution;
c. partner’s share of the profits and surplus;
d. partnership’s net income.
44. Atong, Bana, and Kardo are partners of ABaKa & Associates. While acting within the scope
of the partnership’s business, Atong committed quasi-delict against Dario. Are the partners and
the partnership liable to Dario?
a. no, only Atong is liable for he alone committed the tort;
b. yes, all partners and the partnership are solidarily liable to Dario;
c. no, only the partnership is liable;
d. yes, the partnership is principally liable and the partners are
subsidiarily liable.
45. Nature of liability of partners to third persons for partnership contracts:
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d. by express will of any partner in good faith when no definite term is specified.
53. A partner who may not wind up the partnership affairs unless allowed by the court:
a. a partner designated in the articles of partnership;
b. a partner who has not wrongfully caused the dissolution of the partnership;
c. any partner, his legal representative or his assignee, upon cause shown;
d. the legal representative of the last surviving partner, not insolvent.
54. Where a partnership contract is rescinded on the ground of fraud, the injured partner has the
following rights, except:
a. to continue with the business of the partnership;
b. to have a lien, or retention of, the surplus of partnership property after
satisfying partnership liabilities for any sum of money paid or
contributed by him;
c. to be subrogated in place of partnership creditors after payment of
partnership liabilities;
d. to be indemnified against all debts and liabilities of the partnership.
55. The liabilities of the partnership shall rank in order of payment as follows:
a. owing to partners in respect of profits; owing to partners in respect of capital;
owing to partners other than capital and profits; and owing to third party
creditors;
b. owing to third party creditors; owing to partners other than capital and profits;
owing to partners in respect of profits; and owing to partners in respect
of capital;
c. owing to partners other than capital and profits; owing to third party creditors;
owing to partners in respect of profits; and owing to partners in respect
of capital;
d. owing to third party creditors; owing to partners other than capital and profits;
owing to partners in respect of capital; and owing to partners in respect of
profits.
56. Which of the following statement is correct regarding the formation of a limited partnership?
a. limited partners must sign and swear to a certificate or articles of partnership
and file for record the same with the SEC;
b. limited partners must contribute money, property or industry;
c. limited partners must participate in the management of the partnership;
d. a limited partner may use his surname in the firm name.
57. A limited partner, who is not a general partner, is prohibited from:
a. granting loans to the partnership;
b. transacting other business with the partnership;
c. receiving a pro rata share of the partnership assets with general creditors;
d. receiving or holding as collateral security any partnership property.
58. Liability of limited partner, except:
a. he is a debtor of the partnership for any unpaid contribution;
b. he is personally liable for partnership obligations;
c. he is a trustee of properties wrongfully paid or conveyed to him on account of
his contribution;
d. to give back to the partnership any contribution lawfully returned to him to
pay the creditors who extended credit before such return;
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True or False:
a. There can be a future partnership which at the moment has no existence yet under the
law.
b. There is partnership even if the articles of an association or a society are kept secret
among the members and anyone of the latter may contract in his own name with third persons.
c. Carrying on a business of a continuing nature is not essential to constitute a
partnership.
d. Unlawful partnership is a voidable contract.
e. Partnership at will may be terminated at any time by the will of any partners.
f. A capitalist partner cannot engage, for his own account, any business operation which
is not the same or similar to that engaged in by the partnership.
g. A partner appointed as manager in the articles of partnership may execute all acts of
administration despite opposition of his co-partners even if he acted in bad faith.
h. The appointment of a managing partner in an instrument other than the articles of
partnership may be revoked any time with or without cause.
i. An industrial partner is exempted from partnership losses but he is liable to third
persons.
j. A partner may be excluded from any share in the profits or losses.
k. Lotto prizes won by a partner of a universal partnership of profits belong to the said
partnership.
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B. COOPERATIVES:
1. A cooperative may be organized and registered for any or all of the following
purposes, except:
a. to encourage thrift and savings mobilization among the members;
b. to generate funds and extend credit to the members for productive and
provident purposes;
c. to acquire lands and provide housing benefits for the members;
d. to insure against losses of the members;
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e. to establish, own, lease or operate rural banks, wholesale and retail complexes,
insurance and agricultural/industrial processing enterprises, and public markets.
2. In general, the primary objective of every cooperative is:
a. to help improve the quality of life of its members;
b. to provide goods and services to its members;
c. to provide optimum social and economic benefits to its members;
d. to allow the lower income and less privileged groups to increase their
ownership in the wealth of the nation;
e. to cooperate with the government, other cooperatives and people-oriented
organizations.
3. Which of the following powers is not available to a registered cooperative?
a. power of succession;
b. power to amend its articles of cooperation and bylaws;
c. power to organize and operate schools;
d. power to sell treasury stocks;
e. power to form subsidiary cooperatives and join federations or unions.
4. Who may organize a primary cooperative?
a. 15 or more natural persons who are Filipino citizens, of legal age, having a
common bond of interest and are actually residing or working in the
intended area of operation and must have completed a Pre-Membership
Education Seminar (PMES);
b. at least 15 but not more than 30 natural persons, Filipinos, of legal age, with
PMES, having a common bond of interest and are actually residing or
working in the intended area of operation;
c. at least 5 but not more than 15 natural persons who are Filipino citizens, of
legal age, with PMES, having a common bond of interest and are actually
residing or working in the intended area of operation;
d. 15 or more natural persons, majority of whom must be Filipino citizens, of
legal age, having a common bond of interest and are actually residing or
working in the intended area of operation and must have completed a
PMES.
5. No cooperative shall be registered unless the articles of cooperation is accompanied with the
bonds of the accountable officers and a sworn statements of the treasurer elected by the
subscribers showing that at least twenty-five per centum (25%) of the authorized share capital
has been subscribed and at least twenty-five per centum (25%) of the total subscription has been
paid and that in no case shall the paid-up share capital be less than Fifteen thousand pesos
(P15,000.00), which is the exception:
a. multi-purpose cooperative;
b. cooperative union;
c. credit cooperative;
d. marketing cooperative;
e. advocacy cooperative.
6. A cooperative formed and organized under the law acquires juridical personality from
the date:
a. of filing the articles of cooperation and bylaws;
b. the Cooperative Development Authority issues a certificate of registration
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13. A cooperative organized for the primary purpose of engaging in savings and credit services
and other financial services:
a. financial service;
b. fishermen;
c. health services;
d. housing.
14. A cooperative engaged in the business of insuring life and property of cooperatives and their
members:
a. transport;
b. insurance;
c. water service;
d. workers.
15. It is organized by registered cooperatives and federations at the appropriate levels to
represent the interest and welfare of all types of cooperatives at the provincial, city, regional, and
national levels, the purpose of which, among others, is to promote the knowledge of cooperative
principles and practices:
a. advocacy cooperative;
b. education cooperative;
c. cooperative union;
d. laboratory cooperative.
16. A cooperative principle where members contribute equitably to, and democratically control,
the capital of their cooperatives, and at least part of that capital is the common property of the
cooperative:
a. voluntary and open membership;
b. democrative member control;
c. member economic participation;
d. autonomy and independence;
e. education, training and information.
17. It is the highest policy-making body of the cooperative which exercises such powers as are
stated by law, in the articles of cooperation and in the bylaws of the cooperative:
a. general assembly;
b. board of directors;
c. executive committee;
d. representative assembly.
18. A quorum required for a general assembly meeting shall consist of:
a. at least twenty-five per centum (25%) of all the members entitled to vote;
b. five per centum (5%) of all the members entitled to vote;
c. one half (1/2) plus one (1) of the number of voting shares of all the members in
good standing;
d. at least twenty per centum (20%) of all the members entitled to vote.
19. Unless otherwise provided in the bylaws, the direction and management of the affairs of a
cooperative shall be vested in a board of directors which shall be composed of:
a. at least five (5) members elected by the general assembly for a term of two (20
years;
b. not less than five (5) nor more than fifteen (15) members elected by the general
assembly for a term of two (2) years;
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c. not less than five (5) nor more than fifteen (15) members elected by the general
assembly for a term of three (3) years;
d. not more than fifteen (15) members elected by the general assembly for a term
of three (3) years.
20. Cooperatives may derive their capital from the following sources, except:
a. member’s share capital;
b. loans and barrowings including deposits;
c. revolving capital which consists of the deferred payment of patronage refunds,
or interest on share capital;
d. subsidies, donations, legacies, grants, aids and such other assistance from any
local or foreign institution whether public or private;
e. none of the above.
21. A requirement before a member may transfer his shares or interest in the cooperative or any
part thereof:
a. he has held such share capital contribution or interest for not less than two (2)
year.
b. the assignment is made to the cooperative or to a member of the cooperative or
to a person who falls within the field of membership of the cooperative;
c. the board of directors does not oppose the assignment;
d. all of the above.
22. It refers to a unit of capital in a primary cooperative the par value of which may be fixed to
any figure not more than One thousand pesos (P1,000.00):
a. share;
b. common share;
c. preferred share;
d. capital stock.
23. A cooperative may invest its capital in any of the following, except:
a. in shares or debentures or securities of any other cooperative;
b. in any reputable bank in the locality, or any cooperative;
c. in securities issued or guaranteed by the Government;
d. in real state which may be used by the cooperative or its members.
24. Cooperatives are subject to:
a. financial audit;
b. performance audit;
c. social audit;
d. all of the above;
e. a and b only.
25. It is not to be construed as profit but as an excess of payments made by the members for the
loans borrowed, or the goods and services availed by them from the cooperative or the difference
of the rightful amount due to the members for their products sold or services rendered to the
cooperative including other inflows of assets resulting from its other operating activities and
which shall be deemed to have been returned to them if the same is distributed as prescribed:
a. share capital;
b. net surplus;
c. net income;
d. retained earnings.
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26. A fund used for the stability of the cooperative and to meet net losses in its operations. It
shall not be utilized for investment, other than those allowed under the law, and shall not be
distributed among the members upon dissolution of the cooperative:
a. education and training fund;
b. community development fund;
c. reserve fund;
d. optional fund.
27. The CDA may suspend or revoke, after due notice and hearing, the certificate of registration
of a cooperative on this ground:
a. having obtained its registration by fraud or existing for an illegal purpose;
b. willful violation, despite notice by CDA, of the provisions of the Cooperative
Code or its bylaws;
c. willful failure to operate on a cooperative basis;
d. failure to meet the required minimum number of members in the cooperative.
e. all of the above.
28. In this case, failure of the cooperative to promptly provide justifiable cause upon notice shall
warrant the CDA to delete its name from the roster of registered cooperatives and it shall be
deemed dissolved:
a. if a cooperative has not commenced business and its operation within two (2)
years after the issuance of its certificate of registration;
b. if a cooperative has not carried on its business for two (2) consecutive years;
c. if a cooperative has not filed its bylaws;
d. all of the above;
e. a and b only.
True or false:
a. A member shall be liable for the debts of the cooperative to the extent of his contribution
to the share capital of the cooperative.
b. A member of a cooperative may, for any reason, withdraw his membership from the
cooperative by giving a sixty (60) day notice to the board of directors.
c. As a matter of absolute right, the withdrawing member shall be entitled to a refund of his
share capital contribution and all other interests in the cooperative;
d. The death or insanity of a member in a primary cooperative, and the insolvency or
dissolution of a member in a secondary or tertiary cooperative may be considered valid
grounds for termination of membership.
e. Membership in the cooperative may be terminated by a vote of the majority of all the
members of the board of directors for any cause.
f. Each member of a primary cooperative shall have only one (1) vote. In the case of
members of secondary or tertiary cooperatives, they shall have one (1) basic vote and as
many incentive votes as provided for in the bylaws but not exceed five (5) votes. The
votes cast by the delegates shall be deemed as votes cast by the members thereof.
g. Voting by proxy if provided by bylaws is only allowed to a cooperative other than a
primary.
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h. The members of the board of directors may hold any other position directly involved in
the day to day operation and management of the cooperative.
i. Subject to the provision of any law to the contrary, a cooperative shall have primary lien
upon the capital, deposits or interest of a member for any debt due to the cooperative
from such a member.
j. Cooperatives transacting business with both members and non-members shall not be
subjected to tax on their transactions with members.
k. Transactions of members with the cooperative shall not be subject to any taxes and fees,
including not limited to final taxes on members' deposits and documentary tax.
l. Cooperatives dealing with non-members with accumulated reserves and undivided net
savings of not more than Ten million pesos (P10,000,000.00) shall be exempt from all
national, city, provincial, municipal or barangay taxes of whatever name and nature.
m. All cooperatives, regardless of the amount of accumulated reserves and undivided net
savings shall be exempt from payment of local taxes and taxes on transactions with banks
and insurance companies.
n. Capital coming from subsides, donations, legacies, grants, aids and other assistance shall
be divided into individual share capital holdings at any time and may form part of the
donated capital or fund of the cooperative.
o. Upon dissolution, such donated capital shall be subject to escheat.
p. No member of primary cooperative other than cooperative itself shall own or hold more
than ten per centum (10%) of the share capital of the cooperative.
q. The general assembly of any cooperative may authorize the board of directors to raise a
revolving capital to strengthen its capital structure by deferring the payment of patronage
refunds and interest on share capital or by the authorized deduction of a percentage from
the proceeds of products sold or services rendered, or per unit of product or services
handled.
r. The auditor is not liable to any person in an action for defamation based on any act, done,
or any statement made by him in good faith in connection with any matter he is
authorized or required to do.