Partnership Dissolution and Consent
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Questions and Answers

In the event of a partnership dissolution, which party can recover the amount from A and B?

  • X only
  • C only
  • A, B, and C (correct)
  • A and B only
  • What is the correct statement about the interest of a partner in a partnership?

  • It is not a personal property
  • It can be assigned
  • It is neither a personal property nor can be assigned
  • It is a personal property, but cannot be assigned (correct)
  • What is the term for the administration of the assets of the partnership for the purpose of terminating the business and discharging the obligations of the partnership?

  • Dissolution
  • Termination
  • Winding-up (correct)
  • Liquidation
  • What is a requirement for Y and Z to dissolve the partnership?

    <p>The consent of X and W</p> Signup and view all the answers

    What is the consequence of a stipulation that excludes one or more partners from any share in the profits or losses?

    <p>It is voidable</p> Signup and view all the answers

    What is conclusive evidence that a person is a partner in a business?

    <p>Receipt of a share of the profits</p> Signup and view all the answers

    Which of the following is not a right of a partner in a partnership?

    <p>Right to exclude other partners from decision-making</p> Signup and view all the answers

    Who is responsible for the contractual liability of P40,000 incurred by the partnership?

    <p>A, B, and C</p> Signup and view all the answers

    What is true about a corporation in a partnership?

    <p>A corporation can become a partner, just like an individual</p> Signup and view all the answers

    What is a partner by estoppel also known as?

    <p>Quasi-partner</p> Signup and view all the answers

    What is the responsibility of a capitalist partner?

    <p>Bearing the loss of property contributed to the partnership</p> Signup and view all the answers

    What happens when a partner assigns their interest in a partnership?

    <p>The assignee becomes a partner with the consent of the remaining partners</p> Signup and view all the answers

    What is the right of an assignee in a partnership?

    <p>None of the above</p> Signup and view all the answers

    Which statement is true about limited partnerships?

    <p>General partners are bound by the obligations of the partnership</p> Signup and view all the answers

    What is required to form a limited partnership?

    <p>Both signing and filing a certificate of limited partnership</p> Signup and view all the answers

    How are losses distributed in a partnership if there is no agreement?

    <p>Proportionately according to the amount of contribution</p> Signup and view all the answers

    What is a cause of extrajudicial dissolution of a partnership?

    <p>All of the above</p> Signup and view all the answers

    What is the right of a partner in a partnership?

    <p>To require any information or account</p> Signup and view all the answers

    Study Notes

    Partnership Basics

    • A and B, capitalist partners, contribute P15,000 each to the partnership capital.
    • C is an industrial partner.
    • The partnership incurs a contractual liability of P40,000 in favor of X.

    Partner's Rights and Liabilities

    • A partner's interest in a partnership is their personal property.
    • A partner's interest in a partnership cannot be assigned.

    Partnership Termination

    • Dissolution of a partnership refers to the process of terminating the business and discharging obligations.
    • Winding-up is another term for dissolution.

    Partner's Rights and Obligations

    • Partners must render true and full information of all things affecting the partnership to any partner or legal representative.
    • A stipulation that excludes one or more partners from sharing profits or losses is voidable.

    Partner Types

    • A partner by estoppel is also known as a quasi-partner.
    • A dormant partner is a partner who does not take an active part in the business and is not publicly known as a partner.

    Capital Contributions

    • A capitalist partner contributes capital to the partnership.

    Assignment of Partner's Interest

    • An assignee of a partner's interest in a partnership has no right to interfere in the management or require any information or account.

    Limited Partnerships

    • In a limited partnership, general partners are not bound by the partnership's obligations.
    • Limited partners are not involved in the management of the partnership.

    Partnership Requirements

    • Partners forming a limited partnership must sign and swear to a certificate of limited partnership and file it with the Securities and Exchange Commission (SEC).

    Loss Distribution

    • Losses in a partnership are distributed according to agreement, or if no agreement, according to profit sharing proportions, or if no agreement, proportionately according to the amount of contribution.

    Causes of Extrapjudicial Dissolution

    • Causes of extrajudicial dissolution of a partnership include, among others, in contravention of the agreement between the partners.

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    Description

    Test your understanding of partnership dissolution and the role of consent in the process. Who needs to give consent and under what circumstances? Find out in this quiz.

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