Exam 30: Formation and Internal Relations of General Partnerships

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Each partner has an interest in the partnership, which includes his share of profits and losses, his right to receive distributions, and his management rights.

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True

In the case of Thomas v. Lloyd , the court held:

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B

What are the ways the RUPA recognizes a partnership as an entity?

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The RUPA recognizes a partnership as an entity legally distinct from its members in several ways. They include:
a. The assets of the firm are treated as those of the business and are considered to be distinct from the individual assets of the members:
b. A partner is accountable as a fiduciary to the partnership;
c. Every partner is considered an agent of the partnership; and
d. A partnership may sue and be sued in the name of the partnership.

Under the UPA, a partner's ownership interest in any specific item of partnership property is that of a:

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Sue, Barb, and Carlotta agree to put in $1,000 each to set up a shelter for lost animals. They each work two days a week. Donations fund the day-to-day operations. Do they have a partnership?

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Under the RUPA, a partner is a co-owner of partnership property.

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Under the common law, a partnership was generally considered to be  an aggregate of individuals  rather than  a legal entity .

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Which of the following is NOT an advantage of a partnership?

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The RUPA treats a partnership as a legal entity in which one of the following respects?

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Bert and Philip have decided to form a partnership to operate a lawn care service. Discuss whether they should name the business and, if so, what considerations affect the name they might choose.

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Assignment of a partner's interest will cause dissolution.

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Some states allow the formation of partnerships in which all partners have limited liability.

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In the case of In Re KeyTronics , the court held that:

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A judicial lien against a partner's transferable interest in a partnership is known as:

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Kean and Bubnick are real estate agents who share commissions on joint sales. This sharing of gross returns establishes a partnership unless Kean and Bubnick have a written agreement to the contrary.

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Afterburn Corporation and the Mangus Trust can be partners in a partnership if they carry on as co-owners a business for profit.

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Compare "partnership property" with a "partner's interest." Consider such factors as the definition, the possession, the assignability, how attachment occurs, and the inheritability of each.

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Former partners, as well as current partners, have some rights to access partnership books and records.

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The law establishes a test for determining whether a partnership has been formed. The test includes which of the following?

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A partner's transferable interest is subject to the claims of that partner's creditors who may obtain a judicial lien known as a(n) __________ against the partner's transferable interest.

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