Which of the following is not necessary to create an express partnership?
Answer(s): A
Choice "a" is correct. A written partnership agreement, while certainly desirable, is not usually necessary to form a valid partnership; partnership agreements are not normally subject to the statute of frauds.Choice "b" is incorrect. A partnership is an association of two or more persons who agree to carry on as co-owners of a business for profit. Thus, an agreement to share ownership of the partnership is a requirement for creating an express partnership.Choice "c" is incorrect. A partnership is an association of two or more persons who agree to carry on as co-owners of a business for profit. Thus, an intent to carry on a business for a profit is a requirement for creating an express partnership.Choice "d" is incorrect. A partnership is an association of two or more persons who agree to carry on as co-owners of a business for profit. The intent to create a business relationship recognized as a partnership is a requirement for creating an express partnership.
Eller, Fort, and Owens do business as Venture Associates, a general partnership. Trent Corp. brought a breach of contract suit against Venture and Eller individually. Trent won the suit and filed a judgment against both Venture and Eller. Trent will generally be able to collect the judgment from:
Answer(s): C
Choice "c" is correct. When a judgment is obtained against both a partnership and an individual general partner, the plaintiff must proceed against the partnership assets first and then the assets of any individual general partner. The partnership assets must be exhausted before any general partner's individual assets can be attached.Choices "a", "b", and "d" are incorrect, per the above rule.
Heather, Erika, and Shelby are members in HES LLC. Heather works 40 hours per week and Erika and Shelby work 20 hours per week. Heather contributed $30,000 to the LLC and Erika and Shelby contributed $60,000 each. Erika and Shelby have each originated 45% of the LLC's business and Heather has originated the other 10%.If HES were a general partnership, who controls management?
Choice "c" is correct.Rule: Absent an agreement to the contrary, partners have equal management authority. Choices "a", "b", and "d" are incorrect, per the above rule.
Rivers and Lee want to form a partnership. For the partnership agreement to be enforceable, it must be in writing if:
Answer(s): B
Choice "b" is correct. A transaction which cannot be completed within a year must be in writing to be enforceable.Choice "a" is incorrect. Residence of the prospective partners is not relevant. Choice "c" is incorrect. The statute of frauds $500 threshold applies to the sale of goods only. Choice "d" is incorrect. Transactions in land are within the statute of frauds, but the possibility that a partnership may engage in a real estate transaction is not a transaction in land.
Which of the following statements is correct regarding the division of profits in a general partnership when the written partnership agreement only provides that losses be divided equally among the partners?Profits are to be divided:
Choice "c" is correct.Rule: When the partnership agreement is silent as to how profits are to be divided, they are divided equally. Note also that when the agreement is silent, losses are treated similar to profits, there is no reverse rule that profits are treated like losses.Choices "a", "b", and "d" are incorrect, per the above rule.
Downs, Frey, and Vick formed the DFV general partnership to act as manufacturers' representatives. The partners agreed Downs would receive 40% of any partnership profits and Frey and Vick would each receive 30% of such profits. It was also agreed that the partnership would not terminate for five years.After the fourth year, the partners agreed to terminate the partnership. At that time, the partners' capital accounts were as follows: Downs, $20,000; Frey, $15,000; and Vick, $10,000. There also were undistributed losses of $30,000.Which of the following statements about the form of the DFV partnership agreement is correct?
Choice "a" is correct. Under the statute of frauds, an agreement, which by its terms cannot be performed within a year, must be evidenced by a writing containing the material terms and signed by the parties to be charged. Absent a writing, the partnership will be treated as a partnership at will. Choice "b" is incorrect. There is no requirement that partnership agreements be in writing merely because profits will be divided unequally.Choice "c" is incorrect. The statute of frauds requires contracts that cannot by their terms be performed within one year to be evidenced by a writing containing the material terms and signed by the parties to be charged.Choice "d" is incorrect. Whether or not a partnership is to deal in real estate is irrelevant to whether the partnership agreement must be in writing.
Downs, Frey, and Vick formed the DFV general partnership to act as manufacturers' representatives. The partners agreed Downs would receive 40% of any partnership profits and Frey and Vick would each receive 30% of such profits. It was also agreed that the partnership would not terminate for five years.After the fourth year, the partners agreed to terminate the partnership. At that time, the partners' capital accounts were as follows: Downs, $20,000; Frey, $15,000; and Vick, $10,000. There also were undistributed losses of $30,000.Vick's share of the undistributed losses will be:
Rule: Where the partnership agreement is silent, losses are shared in the same proportion as profits. Choice "c" is correct. Vick was entitled to 30% of the profits and so will be responsible for 30% of the undistributed $30,000 loss, or $9,000.Choices "a", "b", and "d" are incorrect, per the above rule.
Lewis, Clark, and Beal entered into a written agreement to form a partnership. The agreement required that the partners make the following capital contributions: Lewis, $40,000, Clark, $30,000, and Beal, $10,000. It was also agreed that in the event the partnership experienced losses in excess of available capital, Beal would contribute additional capital to the extent of the losses. The partnership agreement was otherwise silent about division of profits and losses. Which of the following statements is correct?
Choice "b" is correct.Rule: Regardless of the contributions and obligations of the partners, unless the partnership agreement specifically states otherwise, all partners are entitled to an equal share of the profits. Choices "a", "c", and "d" are incorrect, per the above rule.
Share your comments for AICPA CPA-Business exam with other users:
Question 129:Correct answer: CNAME
Question 1:
compute.osAdminLogin
enable-oslogin
Question 2:
Recommend using AI for Solutions rather the Answer(s) submitted here
This is very interesting
Are these the same questions you have to pay for in ExamTopics?
For Question 7 - while the answer description indicates the correct answer, the option no. mentioned is incorrect. Nice and Comprehensive. Thankyou
This is very good and accurate. Explanation is very helpful even thou some are not 100% right but good enough to pass.
The DP-900 exam can be tricky if you aren't familiar with Microsoft’s specific cloud terminology. I used the practice questions from free-braindumps.com and found them incredibly helpful. The site breaks down core data concepts and Azure services in a way that actually mirrors the real test. As a resutl I passed my exam.
interesting
Passed this exam 2 days ago. These questions are in the exam. You are safe to use them.
Helpful to test your preparedness before giving exam
Really helped
Good explanation
very helpful
Question 1, Ans is - Developer,Standard,Professional Direct and Premier
Passed this exam in first appointment. Great resource and valid exam dump.
Today I wrote this exam and passed, i totally relay on this practice exam. The questions were very tough, these questions are valid and I encounter the same.
Anyone used this dump recently?
173 question is A not D
nice questions
Thanks for the practice questions they helped me a lot.
Passed this exam today. All questions are valid and this is not something you can find in ChatGPT.
i need to pass exam for VMware 2V0-11.25
Great questions.
great dumps to practice for the exam
How reliable and relevant are these questions?? also i can see the last update here was January and definitely new questions would have emerged.
Can I trust to this source?
can you please provide the CBDA latest test preparation
This is the best and only way of passing this exam as it is extremely hard. Good questions and valid dump.
Can I use this dumps when I am taking the exam? I mean does somebody look what tabs or windows I have opened ?
Finally got a change to write this exam and pass it! Valid and accurate!
Upload this exam please!
Thank you for providing these questions. It helped me a lot with passing my exam.