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Apr 3, 2024
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1. A, B, and C are partners. Each originally contributed $5,000 to the partnership. if, after dissolution and liquidation, the firm's assets are $100,000 and its debts to creditors are $40,000, how much will be C's share of the assets if according to the partnership contract they are to be divided equally among the partners? Explain.
Ans: As A, B, and C are equal partners in dissolution and liquidation, the amount remaining after settling all liabilities must be spread equally among the partners. So in this case: Asset- 100,000 and Liability- 40,000. The amount available for a partner (100,000 - 40,000) = 60,000.
2. Without authority from his co-partners B and C, and in breach of their partnership agreement, A assigns a truck owned by the firm to Z, a creditor of A. Z demands the truck. The partners B and C refuse to relinquish it. Can the partnership be dissolved? Explain. Ans: A partnership can be terminated for a variety of reasons, including death, a court decision, or when it becomes illegal to maintain the partnership. Other particular incidents of dissolution are listed below:
1.
If entered into for a fixed term, by the expiration of that term,
2.
If entered into for a single venture or undertaking, by the termination of that venture or undertaking,
3.
By the death of a partner,
4.
By the bankruptcy of a partner
5.
By the assignment of a partner’s property in turn for the benefit of the creditors
6.
If any order provision for dissolution is mentioned in the agreement
7.
At the order of court
So, if any of the requirements listed above are met, the partnership can be dissolved; nonetheless, all three partners function as agents and are jointly accountable for each other's actions.
3. For 1992, XYZ Limited Partnership has a $50,000 loss. Carol is a limited partner of the firm. Must Carol
pay for a share of this loss from her personal assets? Explain.
Ans: In general, a limited partner is not accountable for the firm's liabilities over and beyond his capital contribution level. This is comparable to shareholder responsibility, however, limited liability can be lost if the limited partner includes his surname in the firm's name or if the certificate of limited partnership contains false assertions.
4. Bob, Carol, Ted, and Alice agree to for a limited partnership. They are prepared to execute and sign a certificate but are unsure what is required by the Uniform Limited Partnership Act. Explain to them what a certificate of limited partnership contains. Ans: The certificate of limited partnership must have the following information:
1.
Name of the limited partnership
2.
Nature of the business
3.
Address of the principal place of business and name and address of the partner to receive service of legal process
4.
The latest date on which the limited partnership is to dissolve
5.
Amount of cash, property, or services (and description of property or services) contributed by each partner and any contributions of cash, property, or services promised to be made in the future
6.
Any other matters
7.
The certificate must be filed with the secretary of state if required by law, or with county recorder where business takes place.
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