THE CIVIL CODE OF THE PHILIPPINES Title IX. - PARTNERSHIP CHAPTER 4 LIMITED PARTNERSHIP (n) Art. 1843. A limited partnership is one formed by two or more persons under the provisions of the following article‚ having as members one or more general partners and one or more limited partners. The limited partners as such shall not be bound by the obligations of the partnership. Art. 1844. Two or more persons desiring to form a limited partnership shall: (1) Sign and swear to a certificate‚ which
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advantage of the partnership form is that the personal assets of the partners are protected from creditors in case of legal action- False 2. A partnership is considered an “entity” for accounting purposes- True 3. “Mutual agency” means that one partner can legally bind all the other partners to a contract if it appears that he or she is acting appropriately- True 4. Partners are taxed on their drawings regardless of their share of the income. False 5. If a partnership agreement is silent
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2013-14 Reference: Accounting 2nd edition. Waren‚C.‚ Reeve‚ J.‚and Duchac‚ J. ( with slight modifications) Case 1. Partnership agreement Jose Reyes‚ M.D. and Joseph Luke‚ M.D. are sole owners of two medical practices that operate in the same medical building. The two doctors agree to combine assets and liabilities of the two businesses to form a partnership. The partnership agreement calls for dividing income equally between the two doctors. After several months‚ the following conversation
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LAW/531 December 01‚ 2010 Dr. Maurice Rosano Case Study: Zuckerman v. Antenucci Partnership liability tort can take place when a partner or all partners acting on partnership business causes injury to a third person. Cause of this tort could be a negligent act‚ a breach of trust‚ breach of fiduciary duty‚ defamation‚ fraud‚ or another intentional tort (Cheeseman‚ 2010‚ p. 538). Under the Uniform Partnership Act‚ partners are jointly and severally liable for torts and breaches of trust (UPA
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ILAC Assignment Issue: Does a partnership exist between Kendall‚ Kylie and Justin? Is “JJJ Boutique” or any other parties within “JJJ” able to be held liable for the outstanding debt owed to “Elegant Design Furniture Pty Ltd” (EDFPL)? Law: Statute: Section 5 Partnership Act 1891 (Qld) (PA): Carrying on a business with a view of profits Section 8 (PA): Power to bind firm s31 (PA) - Duty of partners to render accounts Common Law: M Young Legal Associates Ltd v Zahid (2006): ‘The receipt by way
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INTRODUCTION Liquidation of a partnership can be define as the winding up of its business activities characterizaed by sale of all non-cash assets‚ settlement of all liabilities and distribution of the remaining cash to the partners. It is usually done when the business entity will not continue its activities after the dissolution of the partnership. Maybe the partners already fulfilled their business purpose or the partnership is in financial difficulties‚ that’s why they decided to liquidate it
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business entity that will serve as the vehicle in pursuing the business that will affect the company’s and owner’s legal liability and income tax treatment. The three most common legal forms of business organization are the sole proprietorship‚ partnership and corporation. SOLE PROPRIETORHIP Sole proprietorship is a business owned and operated by an individual for his or her own profit. It is considered as the most common form of business ownership. Typically‚ the proprietor along with a few employees
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by the same regulations that corporations are faced with (i.e. annual meetings‚ state fees‚ annual reports‚ etc.) Sole proprietorships are an easy‚ inexpensive‚ and convenient way of doing business. • • • • • • General Partnership A general partnership is an
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HUTECH & OUM MBAOUM0512 INTAKE : MAY 2012 – OCTOBER SEMESTER 2012 STUDENT NAME: CHU THI HONG TUYEN ID No.: 2448481 BMLW5103 – BUSINESS LAW ASSIGNMENT Question 1 Discuss the enforceability of an agreement which lacks consideration. Using legal authorities (relevant statutes and cases) to support your discussion. Answer: A valid contract is an agreement made between two or more parties that creates rights and obligations that are enforced by law. What does the consideration mean? And what does it
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We will start with discussing your current structure‚ a Sole Proprietorship. Since you currently are operating this way‚ it will be easiest‚ and make the most sense to explain it to you. As with the rest of the structures‚ we will go through a list of each of the seven characteristics of a business. Liability-First is a concern for you‚ liability‚ say for instance‚ in the situation of a contract employee. This could end up being a major concern for you.
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