Beruflich Dokumente
Kultur Dokumente
The following are allowable business transactions of a limited partner with the
partnership except:
TO TRANSACT BUSINESS WITH OTHER PARTNERSHIP OF THE SAME
NATURE
2. The general partners in a limited partnership can only do acts of administration.
The general partners must secure a written consent or ratification by all the
limited partners.
8. A right that is connected with a thing rather than a person. It includes ownership,
use, habitation, usufruct, predial servitude, pledge.
REAL RIGHT
9. Tia and Rob, both CBA, entered into a contract of partnership to engage in
accounting and tax consultancy. What kind or partnership they have entered
into?
PARTICULAR PARTNERSHIP
10. It is a kind of winding up wherein liquidation is done under the control and
direction of the court upon proper cause that is shown to court.
JUDICIAL
11. The sharing of gross returns does not of itself establish a partnership.
The receipt by a person of a share of the profits of a business is prima facie
evidence that he is a partner in the business.
BOTH STATEMENT ARE TRUE
12. What is the meaning of reasonable hour according to the Supreme Court ruling
that every partner shall at any reasonable hour have access to and may inspect
partnership books.
BUSINESS DAYS THROUGHOUT THE YEAR
18. The following has the obligation to render the partnership accounts except:
ORIGINAL PARTNERS
19. Every partners is a debtor of the partnership for whatever he may have promise
to contribute thereto.
The mutual contribution to a common fund is the first test in order to have a
contract of partnership.
BOTH STATEMENT ARE TRUE
20. A partner shall not be deprived of his right under the exemption laws, as regards
his interest in the partnership.
A partner can avail himself of the exemption laws in so far as his right in specific
partnership property is concerned.
ONLY THE FIRST STATEMENT IS RUE
21. Those who do not continue to the partnership business after the dissolution of
the partnership
DISCONTINUING PARTNERSHIP
22. It is one where the life or period of existence of the partnership has been agreed
upon by the partners.
PARTNERSHIP WITH A FIXED TERM
23. In what final stage of the partnership is contracting with a demolition company for
a demolition of the garage used in a “used car” partnership part of.
WINDING UP
26. In a commercial partnership, all partners are managers unless one or some are
designated as managers.
In stock corporation, partner may not dispose of his interest unless agreed upon
by all of the partners.
ONLY THE SECOND STATEMENT IS TRUE
27. Every partnership shall operate under a firm name, which may or may not include
the name of one or more partners.
Those who, not being members of the partnership, include their names in the firm
name, shall be subject to the liability of the partner.
BOTH STATEMENT ARE TRUE
28. It is a group of men pursuing a learned art as a common calling in the spirit of
public service
PROFESSION
29. It pertains to the right t choose whom a person wishes to associate himself
DOCTRINE OF DELECTUS PERSONAE
30. It is the nature of a contract of partnership that is fiduciary, based on trust and
confidence governed by the partners.
Every partner is an agent of the other partners and the partnership.
BOTH STATEMENT ARE FALSE
31. The general rule is that notice to partner is not notice to the partnership.
All partners are liable jointly with the partnership for everything chargeable to the
partnership
33. If the partnership assets were exhausted, the partners shall contribute the
amount necessary to satisfy the liabilities.
The individual property of a deceased partner shall be liable for his share of the
partnership liability while he was a partner.
BOTH STATEMENT ARE TRUE
35. Bob, Tom and Sam entered into a contract of partnership. Bob contributed cash
in the amount of Php 200,000. Tom contributed his only parcel of land. Sam
contributed his only truck. Is the right of Bob, Tom and Sam subject to legal
support?
NO, BECAUSE A PARTNER’S RIGHT IN SPECIFIC PARTNERSHIP
PROPERTY IS NOT SUBJECT TO LEGAL SUPPORT
36. It means the extinguishment of the charge or attachment on the partner’s interest
in the profits.
REDEMPTION
37. An industrial partner cannot engage in business for himself unless the
partnership expressly permits him to do so.
If there is no agreement to the contrary, In case of imminent loss of the business
of the partnership, any partner who refuses to contribute an additional share to
the capital shall be obliged to sell his interest to other partners.
BOTH STATEMENT ARE TRUE
41. If the partnership is a universal partnership, a husband and wife cannot enter into
such contract. However, if the partnership is a particular partnership, they can
BOTH STATEMENT ARE TRUE
42. The dissolution of the partnership does not of itself discharge the existing liability
of any partner.
As a rule, when a partnership is dissolved, any of the partners cannot bind the
partnership.
BOTH STATEMENT ARE TRU
43. The following are the rights of a partner who is entitled to rescind except
RIGHT TO DEMAND
45. It is a statement in which someone admits that something is true or that he or she
has done something wrong
ADMISSION
46. It means that the partners’ separate property may be held liable only after the
partnership creditor’s exhausted the assets of the partnership
SUBSIDIARY
47. Polo, Veronica, and Betty entered into a contract of partnership. There was no
stipulation as to who will be the manager. Who do you think can perform acts of
administration as a managing partner?
EITHER OF THE THREE PARTNERS
48. Every partner may associate another person with him in his share but the
associate shall not be admitted into the partnership without the consent of all the
other partners, even if the partners having an associate should be manager
CONTRACT OF SUB PARTNERSHIP
51. It Is a point in time after all the partnership affairs have been wound up
TERMINATION
53. No formal accounting is demandable until after the dissolution of the partnership.
The capitalist partner cannot engage for their own account in any operation
which is of the kind of business in which the partnership is engaged, unless there
is a stipulation to the contrary
BOTH STATEMENTS ARE TRUE
54. Those whose contribution to the partnership represents the majority or controlling
interest
MAJORITY PARTNERS
55. The individual property of a deceased partner shall be liable for his share of the
partnership liability incurred while he was a partner.
His separate creditors have no preference over these individual properties
ONLY THE FIRST STATEMENT IS TRUE
57. The partners whose connection with the partnership is not known to the public
SECRET PARTNERS
61. The partnership of Sucre, Bellick and Franklin was dissolved because Sucre
turned insolvent. Thereafter, Sucre entered into a contract with Suzan.
Can the partnership be held liable for Sucre’s acts?
YES BECAUSE SUCRE IS STILL AN AGENT OF THEIR PARTNERSHIP
64. He is a person admitted to all the rights of a limited partners who has died or has
assigned his interest in the partnership.
SUBSTITUTED LIMITED PARTNER
66. Bob, Tom and Sam entered into a contract of partnership. Bob contributed cash
in the amount of Php 200,000. Tom contributed his only parcel of land. Sam
contributed his only truck. Is the right of Bob, Tom and Sam subject to legal
support?
NO BECAUSE A PARTNER’S RIGHT IN SPECIFIC PARTNERSHIP
PROPERTY IS NOT SUBJECT TO LEGAL SUPPORT
70. Those who can be held liable to third persons for partnership obligations even to
the extent of their property
GENERAL PARTNERS
71. It is a kind of winding up wherein liquidation is done under the control and
direction of the court upon proper cause that is shown to court
JUDICIAL
74. The dissolution of the partnership does not of itself discharge the existing liability
of any partner.
As a rule, when a partnership is dissolved, any of the partners cannot bind the
partnership
BOTH STATEMENT ARE TRUE
75. What can be the contributions of a limited partners to the limited partnership
MONEY OR PROPERTY OR BOTH
76. Linc, Mike, Sara, and LJ formed a limited partnership where Linc and Mike are
the general partners and Sara and LJ are the limited partners. Subsequently,
Linc died. Did the death of Lin dissolved the limited partnership?
YES, THE PARTNERSHIP IS DISSOLVED UPON THE DEATH OF LINC
UNLESS IT IS CONTINUED WITH THE CONSENT OF MIKE SARA AND LJ
77. Ron and Kle entered into a contract of partnership for a period of 5 years. If on
the 3rd year of business operation, Kle does not want to continue the business
without any valid reason, hence the partnership is dissolved. Is Kle liable for any
violations or not?
KLE IS LIABLE FOR BREACH OF CONTRACT
78. Those whose contribution o the partnership represents the minority interest
NOMINAL PARTNERS
79. It is a group of men pursuing a learned art as a common calling in the spirit of
public service
PROFESSION
80. It is the point of time after all the partnership affairs have been wound up
TERMINATION
82. The partnership which will exist until the purpose is accomplished
PARTNERSHIP FOR A PARTICULAR UNDERTAKING
83. It refers to the change in the relation of the partners caused by any parter
ceasing to be associated in the carrying on as distinguished from the winding up
of the business
DISSOLUTION
84. All among the following has the right to demand true and full information of all
things affecting partnership except
LEGAL COUNSEL OF THE PARTNERSHIP
85. Those partners whose connection with the partnership is not known to the public
SECRET PARTNERS
86. It is an entity, created by law and given certain legal rights and duties of a human
being, real or imaginary, who for the purpose of legal reason is treated more or
less as a human being
JURIDICAL PERSON
89. It deprives the offender during the time of his sentence of the right to manage his
property and dispose of such property by any act or any conveyance inter vivos
CIVIL INTERDICTION
90. If a partner, in his own name, enters into a contract with third person, then all the
partners are liable including the partnership
Only the second statement is ttrue