Partnership Profit Distribution

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5 Questions

Match the partner's share in profits without agreement with the correct statement:

Industrial Partner = Shall receive such contribution share as may be just and equitable under the circumstances Capitalist Partner = In proportion to his agreement

Match the obligations of industrial partners with the correct statement:

Shall not be liable for losses in absence of agreement as to profits and losses = Exception: in the absence of agreement, the industrial partner shall not be liable for losses Receives contribution share in proportion to circumstances = Shares in the profits according to agreement

Match the obligations of capitalist partners with the correct statement:

Shares in the profits according to agreement = Capitalist Partner Not liable for losses without agreement as to profits and losses = Exception: in the absence of agreement, the industrial partner shall not be liable for losses

Match the distribution of losses in partnership with the correct statement:

Industrial partner's liability for losses when there is no agreement = General Rule: the agreement as to losses; if any

Match the distribution of profits in partnership with the correct statement:

Shares in the profits according to agreement = General Rule: the agreement as to profits Shares in the profits according to circumstances = Shall receive such contribution share as may be just and equitable under the circumstances

Study Notes

Rules for Distribution of Profits and Losses of a Partnership

  • Distribution of profits is done in conformity with the agreement.
  • If there is no agreement, capitalist partners receive profits in proportion to their contribution to the common fund.
  • If there is no agreement, industrial partners receive profits in a just and equitable manner under the circumstances.

Distribution of Losses

  • Distribution of losses is done in conformity with the agreement.
  • If the only agreement pertains to the share of each partner in the profits, the share of each in the losses shall be in the same proportion.
  • If there is no agreement, capitalist partners bear losses in proportion to their contribution to the common fund.
  • Industrial partners are not liable for losses.

Management of the Partnership

  • Either one, some, or all of the partners designated as managing partner/s can manage the partnership, either in the articles of partnership or after the contract of partnership had already been constituted.
  • If there is no agreement, management is vested in all of the partners.

Property Rights of a Partner

  • A partner has rights in specific partnership property.
  • A partner has an interest in the partnership.
  • A partner has the right to participate in the management.

Capitalist Partner vs. Industrial Partner

  • A capitalist partner shares profits according to the agreement, and if there is no agreement, in proportion to their contribution.
  • A capitalist partner bears losses according to the agreement, and if there is no agreement, in proportion to their contribution.
  • An industrial partner shares profits in a just and equitable manner under the circumstances.
  • An industrial partner is not liable for losses.

Learn about the rules and obligations regarding the distribution of profits among partners in a business partnership. This lecture by Atty. Darren J. Gonzales covers the distribution of profits based on agreements and contributions to the common fund.

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