Exam 7: Methods of Carrying on Business

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Securities regulations are a federal responsibility.

(True/False)
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Explain the significance of the determination that a corporation is a broadly held corporation as opposed to a closely held corporation.

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With regard to the liability of partners,which of the following is true?

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A broadly held corporation has fewer and less stringent reporting and accounting requirements than a closely held corporation.

(True/False)
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Joe sold Harry his barber shop for $100 000.He was paid $20 000 in cash,the other $80 000 to be paid by Harry giving Joe 20% of the profits of the business until the amount is paid off.Unfortunately,a customer,Sam,is injured by Harry,who manages to cut off Sam's right ear while shaving him.Sam sues both Harry and Joe.Explain his likelihood of success.

(Essay)
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Dennis,Sam,George,and Ray were partners in an accounting business,and Ray decided he wanted to retire.He sold his share of the partnership to Leonardo,but Leonardo is not a partner unless the other partners approve the change.

(True/False)
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The unlimited liability of partners means that not only can they lose their entire investment in the business,but their personal assets (such as their homes and cars)are also at risk.

(True/False)
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Dave and his sister Chris make unusual kites.They both create the designs and Dave makes the patterns.Friends have always wanted to buy their kites.After Chris completes a post-secondary marketing program,she begins to talk to Dave about going into business selling kites.Ed,a friend of Chris,wants to be involved.He says he could buy the supplies and do other odd chores.They decide to try to make a go of it and to share the profits as follows: Dave,35%; Chris,35%; and Ed,30%.Things go well for seven months.They even hire George to deliver kites to the increased number of stores buying them.Unfortunately for the business,Chris and Ed become romantically involved.This is followed by a heated dispute.Ed disappears with $1300 collected from customers and $600 worth of supplies,which he had bought on behalf of the business from its regular supplier.At about the same time,George negligently breaks a customer's $200 lamp while delivering a kite.On these facts,which of the following is true?

(Multiple Choice)
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The partners can change the terms of their responsibilities to each other in the partnership agreement,but not in relationship to their obligations to third parties.

(True/False)
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Which of the following is an example of a breach of a fiduciary duty?

(Multiple Choice)
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Explain the regulation environment in Canada related to the purchase,sale,and promotion of shares and other financial vehicles (i.e.,securities).

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A partnership can always be brought to an end by the service of notice on the other partners,no matter what the partnership agreement says.

(True/False)
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Discuss the role of the Partnership Act as it relates to people carrying on joint business activities.

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Which of the following will establish the existence of a partnership?

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Shareholders do not owe a duty to the corporation.

(True/False)
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Joe and Sam set up an import/export business in partnership,but they need extra money.Harry is invited to invest as a limited partner.Unfortunately,the business begins to lose money because of the poor business sense of Joe and Sam.Harry has the business expertise to turn the business around,or at least he thinks so.What would your advice be to Harry in these circumstances?

(Essay)
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Explain the standard of care that a director must live up to in carrying out his duty toward the corporation.

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Partners are vicariously liable for the wrongful acts of employees committed on partnership business.

(True/False)
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Recent changes in partnership law allow partnerships to be registered as a "limited liability partnership" or LLP.When carrying on business as a limited liability partnership,non-negligent partners stand to lose:

(Multiple Choice)
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Joe and Mary promote several dances at school and split the profits.Will this be enough to establish a partnership?

(Essay)
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