Exam 16: Law and Business Associations I

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Principle factors influencing the choice of business organizational form include whether the firm will likely choose to exercise its power of condemnation.

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Discuss the items included in partnership agreements.

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The items typically included in partnership agreements are:
a. name and address of the partnership;
b. name and address of the partners;
c. purpose of the partnership;
d. duration of the partnership;
e. amount and type of the investment of each partner (for example, cash, realty, or services);
f. loans to the partnership;
g. how profits and losses are to be shared;
h. management and voting power of each partner;
i. method of settling disputes that should arise;
j. cross-insurance of partners;
k. duties of each partner;
l. how the books are to be set up and maintained;
m. banking arrangements - who has the authority to deposit and withdraw;
n. who has the authority to borrow money in the name of the partnership; and
o. who does the hiring and firing of employees.

A business owned by one person, who has complete control over management and profits, is known as a .

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C

The primary law governing limited partnerships is the .

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Which of the following is a fee for advertising and promotional campaigns and administrative costs billed to franchisees either as a flat monthly or annual fee or as a percentage of gross sales?

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The is the party in a franchise relationship who sells or distributes goods using the trade name or trademark.

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A franchisee pays a royalty fee for the continued use of a franchisor's trade name, property, and assistance.

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Explain the duties and rights of partners in a general partnership.

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Explain the differences between general partnerships and limited partnerships.

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On its "deathbed," a partnership goes through a process called _.

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A syndicate is an investment group that makes a private agreement to come together for the purpose of financing a large commercial project that the individual members could not finance alone.

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The Franchise Rule promulgated by the Federal Trade Commission requires a franchisor to disclose all material facts to a franchisee before entering into a franchise agreement.

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Which of the following pieces of information is required to be disclosed under the Uniform Franchise Offering Circular (UFOC)?

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In a Subchapter S corporation, the owner has complete control over daily management decisions.

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Sheila and Rob mutually decide to start a business together. Being close friends, they do not enter into a written agreement and agree to split all responsibilities and profits equally. However, Sheila soon finds herself saddled with more than her share of work. She now resents splitting the profits equally since her contribution to the business is more. This has affected Rob and Sheila's friendship. What form of business organization is followed by Rob and Sheila? What should they have done to prevent any misunderstandings between themselves? Can Sheila legally claim a greater share of profits?

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Which of the following is a similarity between general partnerships and limited partnerships?

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List the advantages and disadvantages of a sole proprietorship over other forms of business organization.

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Which of the following is an incorrect statement regarding a syndicate?

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Which of the following is not a principal factor influencing the choice of business organizational form?

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The Franchising Rule was promulgated by the in 1979.

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