Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 13

BL.O.1405.Law on Partnerships.

MCQ

MULTIPLE CHOICE QUESTIONS

D. B may be excluded from the partnership


1. One of the following incidents as a cause for with damages.
involuntary dissolution of the partnership,
A. Termination of the definite term of 5. A and B are capitalist partners while C is an
partnership. industrial partner. Both A and B equally

certs cpa review


B. Insolvency of a partner. contributed P15, 000.00 to each to the
C. Express will of a partner in a partnership capital. A contractual liability in favor of X
at will. was incurred in the amount of P40, 000.00.
D. Expulsion of a partner for cause as After the exhausting partnership assets there
stated in the Articles of part. is a balance recoverable from:
A. A and B only
2. The following are disqualified to form a B. A, B and C
universal partnership, except one: C. A, B and C and C can get reimbursement
A. Brother and sister from A and B.
B. Husband and wife D. A, b and C without reimbursement from
C. Those guilty of adultery or concubinage A and B in C’s favour.
D. Those guilty of the same offense, if the
partnership is entered into 6. In the aforementioned facts, suppose A, B
consideration of the same and C agreed that one of them shall not be
liable to the creditors, is the agreement
3. A is a capitalist partner and B the industrial valid?
one. A engaged personally in the same kind A. The stipulation that one of them shall
of business as that of the partnership: not be liable to the creditors is voidable
A. If there are losses, the partnership will at the instance of the creditors.
bear the losses. B. It shall be void agreement even among
B. If there are profits, they will be shared the partners because partnership is for
by A and the partnership. common benefit and interest.
C. If there are profits, A shall give them to C. It shall be void insofar as the creditors
the partnership. are concerned.
D. A may be excluded from the partnership D. It shall be voidable among the partners
with liability for damages. themselves.

4. Suppose in the same facts as 7. A, B and C are partners in a partnership


aforementioned, B engages in business on engaged in retail with each contributing P20,
his own account but different from that of 000.00 each. D is admitted as a new partner
the partnership. with a contribution of P8, 000.00. At the time
A. If there are profits, B and the of his admission, the partnership has a pre-
partnership shall share equally. existing obligation to E in the amount of P80,
B. If there are losses, B and the partnership 000.00.
shall equally share. A. D is not liable to E for this obligation
C. B may be excluded from the partnership incurred when he was not yet a partner.
but without damages. B. D is liable to E up to his personal assets
which were not contributed.
BL.O.1405.Law on Partnerships.MCQ

C. D is liable up to his capital contribution.


D. D is liable up to his capital contribution 11. A, B and C are partners who contributed
in favor of creditors but with right of equally to the capital. D without the
reimbursement from A, B and C. knowledge of the death of C contracted with
A who also was unaware of the death of C.
8. 1st Statement -The partners are liable to third The liability of A is P90,000.00. How much

certs cpa review


persons jointly or equally for torts or quasi- can D collect after exhausting partnership
delict committed by any partner in the assets in the amount of P60,000.00.
conduct of the business or with authority of A. P30, 000.00 from any one of A, B and C.
the partners. B. P15, 000.00 each from A and B.
2nd Statement - For contractual liability, their C. P10, 000.00 from each of A and B and
liability shall be solidary and all partners are P10, 000.00 from C’s estate.
liable. D. The partners are not liable beyond their
A. Both are false statements capital contribution because the
B. Both are true partnership was already dissolved at the
C. First is false, second is true time of liability.
D. First is true, second is false
12. This is the order of priority in general
9. 1st Statement -The partnership shall be partnership liabilities:
bound in the contract entered into by the A. Outside creditors, creditor partner,
partner who has no authority provided the partner’s capital, partner’s profit.
third person is in good faith although the act B. Outside creditors, creditor partner,
of the partner is not in usual way of business. partner’s profit, partner’s capital.
2nd Statement - The partner’s acts although C. Creditor partner, Outside creditor,
not in the usual way of conducting the partner’s profit, partner’s capital.
business shall bind the partnership provided D. Creditor partner, Outside creditor,
he was authorized by his co-partners. partner’s capital, partner’s profit.
A. Both statements are true 13. C and P are capitalist partners while I is
B. Both are false industrial partner, who in addition to his
C. First is true, second is false services also contributed capital to the
D. First is false, second is true partnership. There is no agreement as to the
profits and losses. The partnership realized
10. A and B are partners with A as the managing profit in the amount of P21, 000.00. The
partner. C owes A P10, 000.00 and the share of I in the profits shall be:
partnership P30, 000.00 which are now both A. C and P will determine I’s share in the
due. A issued a receipt for the payment of C profits.
in the amount of P10, 000.00 in his own B. I’s share shall be P7, 000.00.
name. The payment shall be applied to: C. Pro rata to his contributed capital.
A. This partnership credit totally. D. Just and equitable under the
B. The credit of A only since the receipt is circumstances.
in his name.
C. The payment shall be applied equally in 14. In the preceding number, suppose I is only an
both credits. industrial partner, his share in the profits
D. The payments shall be applied shall be:
proportionately to both credits.
BL.O.1405.Law on Partnerships.MCQ

A. Just and equitable under the each and some personal properties in the
circumstances. amount of P1, 000.00 each. The partnership
B. In proportion to the capital contribution contract is:
of his co-partners. A. Unenforceable because the amount
C. Equal to the least share in the profit of a involved exceeds P500.00.
capitalist partner. B. Void because it is not in public
D. The average share of all the capitalist instrument.

certs cpa review


partners. C. Valid
D. Void, because it is not registered with
15. Suppose instead of profit, the partnership the SEC.
suffered loss in the same amount of P21,
000.00 the share of the capitalist partners in 19. A partnership which must be in public
the loss shall be: instrument to be valid is:
A. In accordance to their profit sharing A. Contribution immovables or real rights
agreement. therein regardless of the value thereof.
B. In accordance with their loss sharing B. Contribution is P3, 000.00 or more or
agreement. personal property.
C. In proportion to their capital C. General partnership
contribution. D. Particular partnership
D. Equally among them.
20. 1st Statement -A universal partnership
16. With still the same facts, as industrial entered into without designation is
partner, the share of I in the loss shall be: considered one of profits.
A. Just and equitable under the 2nd Statement -A limited partner’s surname
circumstances. cannot appear in the partnership name if it is
B. As agreed upon by the partners before also the surname of a general partner to
the loss was realized. prevent misrepresentation to third persons.
C. None, he being an industrial partner. A. Both statements are false
D. In proportion to his capital contribution. B. First is true, second is false
C. Both are true
17. 1st Statement -After dissolution, the partners D. First is false, second is true
can still enter into new business transactions
in the name of the dissolved partnership 21. Which of the following statements is not
although not for the purpose of winding up correct?
partnership affairs. A. A partnership contract is not covered by
2nd Statement - Insanity of either general or the Statute of Frauds
limited partner in a limited partnership shall B. A limited partner shall not be bound by
dissolve the partnership. the obligations of the partnership.
A. Both statements are false C. A limited partner who takes part in the
B. Both are true control of the business shall be liable as
C. First is false, second is true a general partner.
D. First is true, second is false D. A stipulation which excludes a partner
from sharing in the profits or loss is void.
18. A and B orally entered into a partnership
with each of them contributing P3, 000.00 22. Which of the following is incorrect?
BL.O.1405.Law on Partnerships.MCQ

A. An industrial partner who engages in business of the partnership has become


business for himself may be excluded unlawful.
from the firm. A. First statement is false, second is true
B. An industrial partner may not engage in B. First is true, second is false
business for himself unless there is a C. Both are false
contrary stipulation. D. Both are true

certs cpa review


C. A capitalist partner may engage in the
same line of business as that of the 26. 1st Statement -A universal partnership of
partnership. present property shall include the profits
D. An offending capitalist partner may not which the partners may acquire therewith
be excluded from the firm. such as properties to be acquired through
legacy, donation or inheritance.
23. 1st Statement -A partner’s interest in the 2nd Statement -After dissolution, the partners
partnership is not assignable unless the other may still enter into contracts in the name of
partners consent. the dissolved partnership if it is for the
2nd Statement - An act of strict dominion may purposes of winding up.
be performed by a partner without the A. First statement is false, second is true
consent of his co-partners if it is B. First is true, second is false
advantageous to the partnership. C. Both statements are false
A. Both statements are false D. Both are true
B. Both are true
C. First is true, second is false 27. Three of the following are property rights of
D. First is false, second is true a partner. Which is not?
A. Right to specific partnership property.
24. 1st Statement -The death, insanity, B. Right to participate in the management.
retirement, insolvency or civil interdiction of C. Right to demand formal accounting of
a limited partner does not dissolve the partnership affairs.
partnership. D. Interest of the partner in the
2nd Statement -In a general partnership, the partnership
fact that the business can only be carried on
at a loss does not result in the dissolution of 28. 1st Statement -If a person receives a share in
the partnership. the profits of a business, he is a prima facie
A. First statement is false, second is true presumed to be a partner in business.
B. First is true, second is false 2nd Statement -In partnership there is agency,
C. Both are true co-ownership and co-possession of
D. Both are false partnership property.
A. Both statements are true
25. 1st Statement -A partnership contract begins B. Both are false
from the moment of the execution of the C. First is false, second is true
contract unless it is otherwise stipulated D. First is true, second is false
2nd Statement -Even if a third person is in
good faith, the partnership is not bound in 29. 1st Statement -If a person shares in the gross
the contract entered into by a partner after returns by the use of a property he is
the dissolution of the partnership if the deemed to be a partner.
BL.O.1405.Law on Partnerships.MCQ

2nd Statement -If co-owners shared in the D. Partnership business has become
profits derived from the use of the property unlawful.
owned in common, there is partnership.
A. Both are true 34. A, B and C are partners contributed the
B. First is false, second is true following: A - P6, 000.00; B – P4, 000.00; and
C. First is true, second is false C – service. They agreed that the profits and
D. Both are false losses shall be distributed as follows to wit: A

certs cpa review


– 35%; B- 25% and C – 40%. How shall the
30. 1st Statement -A person who represents
loss of P10, 000.00 be distributed?
himself as a partner, when in fact he is not,
A. A – P6, 000.00; B – P4, 000.00; C – none
shall be liable as a partner by estoppel even
B. A – P3, 333.33; B – P3, 333.33; C – P3,
if third person has knowledge that he is not.
333.33
2nd Statement -A partnership is always
C. A – P3, 500.00; B – P2, 500.00; C – P4,
created by agreement of the parties
000.00
A. Both statements are false
D. A – P5, 000.00; B – P2, 500.00; C – none
B. Both are true
C. Firs is true, second is false
35. In the same facts in the preceding number,
D. First is false, second is true
suppose it is a profit of P10, 000.00, how
st
31. 1 Statement -A general partnership is shall it be distributed?
dissolved by the insanity of a partner. A. A – P5, 000.00; B – P5, 000.00;
2nd Statement -A limited partnership is C – none
dissolved by the insanity of a limited partner B. A – P3, 333.33; B – P3, 333.33;
A. Both statements are false C – P3, 333.33
B. Both are true
C. First is false, second is true C. A – P6, 000.00; B – P4, 000.00;
D. First is true, second is false C – none
D. A – P3, 500.00; B – P2, 500.00;
32. A limited partner shall be liable as general C – P4, 000.00
partner unless:
A. He takes part in the control of the 36. Still with the same facts except that there is
business. no agreement as to the sharing of profits and
B. His surname appears in the partnership losses, how shall the profits of P10, 000.00
name. be distributed?
C. His contribution is service. A. A – P3, 500.00; B – P2, 500.00;
D. He renounces his share in the profits C – P4, 000.00
after knowledge of the error that he was B. A – P6, 000.00; B – P4, 0000.00;
made a general partner. C – just
C. A – P5, 000.00; B – P5, 000.00;
C – none
33. A partnership is dissolved, except:
D. A – P3, 333.33; B – P3, 333.33;
A. Death of a partner C – 3, 333.33
B. Insolvency of a partner or of the
partnership 37. With the same facts in the immediately
C. Partnership business can only be carried preceding number, if it was a loss of P10,
on at a loss. 000.00, how shall it be distributed?
A. A – P3, 500.00; B – P2, 500.00;
BL.O.1405.Law on Partnerships.MCQ

C – P4, 000.00 assets amounting to P30, 000. The creditors


B. A – P6, 000.00; B – P4, 000.00; are going after the separate properties of the
C – none partners to satisfy their remaining claims.
C. A – P3, 333.33; B – P3, 333.33; How are the creditors’ claims satisfied?
C – P3, 333.33 Answer 1 – M and N can go after the
D. A – P5, 000.00; B – P5, 000.00; separate properties of A and B but

certs cpa review


C – none Raymond’s separate properties are not
answerable to their claims.
38. Partnership assets and liabilities are as Answer 2 – O and P can go after the separate
follows: properties of A, B and Raymond.
12/31/2014 12/31/2013 A. Both answers are wrong.
Assets P 200, 000 P 50,000 B. Both answers are correct.
Liabilities 100, 000 200, 000 C. Answer 1 is wrong but answer 2 is
Capital correct.
A – P50, 000; D. Answer 1 is correct but answer 2 is
B – P50, 000 100, 000 150, 000 wrong.

A and B, general partners, have fully paid 40. A is the managing partner of A and B
their capital contributions. What is the company. X is indebted to A for P20, 000 and
remedy of creditor C? the partnership for P60, 000. When both
A. Collect partnership liability from the debts mature, X pays A P20, 000 and the
partnership. latter issues a receipt for his personal credit.
B. Collect partnership liability from B only The payment for P20, 000 shall be applied:
C. Collect partnership liability from A only A. To the whole debt owing to A.
D. Collect partnership liability from A and B. ¼ in favor of A and ¾ in favor of
B capital contributions (including partnership.
personal assets) C. Debt owing to the partnership.
D. ½ in favour of A and ½ in favour of the
39. A and B are partners engaging in the humble partnership.
business of merchandising. On January 15,
2010 when the total obligation of the 41. XYZ partnership composed of three (3)
partnership totals P80, 000, Raymond was capitalist partners and one industrial partner
admitted as new smiling face partner with or suffered business losses. Its remaining assets
without reason who secretly promised to amounting to P100, 000. The partnership is
himself that the partnership will maximize indebted to its supplier C in the amount of
profit up to nine digits. At the time of C’s P160, 000. How can C recover the 160, 000?
admission, the partnership creditors were M A. C can recover from the partnership
for P50, 0000 and N for P30, 000. After P100, 000 and the balance of P60, 000
January 15, 2010, the partnership borrowed from the other capitalist partners.
from O, P20, 000 and P40, 000 from P. On B. C can recover from the partnership
June 15, 2010, the partnership becomes P100, 000 and the balance of P60, 000
terribly insolvent despite the presence of the from any of the partners solidarily.
promising new partner whose promises were C. C can recover from the partnership
made to be broken leaving an obligation P100, 000 and the balance of P60, 000
totalling to P140, 000 and the partnership
BL.O.1405.Law on Partnerships.MCQ

from the four (4) partners jointly


including the industrial partner. 45. Which of the following incidents may be a
D. C can recover from the partnership cause for involuntary dissolution of a
P100, 000 only and suffer as his list in partnership?
the balance of P60,000. A. Expulsion of any partner
B. Insolvency of any partner
42. A, B and C formed the partnership with A as C. Express will of any partner

certs cpa review


general partner, B as limited partner and C as D. Termination of term of the partnership
industrial partner. A and B contributed P50,
000 each. The partnership failed and after 46. Which of the following liabilities of the
disposing all its assets to pay partnership partnership shall rank 1st in the order of
debts there still remains a note payable in payment?
the sum of P 30, 000.00 A. Those owing to creditors other than
A. A legal representative of a limited partners.
partner. B. Those owing to partners in respect to
B. A and B are liable to pay P15, 000. profits.
C. Only A is liable to pay P30, 000 C. Those owing to partners in respect to
indebtedness. capital.
D. C is liable to pay P15, 000. D. Those owing to partners other than for
capital or profit.
43. Which of the following persons are not
47. A, B and C are partners in a joint venture
disqualified to form a universal partnership?
engaged in real estate and land
A. Those guilty of adultery and
development. A without the knowledge of B
concubinage
and C offered to sell to D all the remaining
B. Husband and wife
unsold lots at a price very much higher than
C. Brother and sister
the prevailing market prices. Later, A bought
D. Those guilty of the same criminal
out B and C from the partnership and
offense, if the partnership is entered
thereafter finally sold the lots at a very high
into in consideration of the same.
profit.
1st conclusion – When A bought out B and C
44. A limited partnership formed in 2004 by
from the partnership, the partnership was
Raymondo as general partner and Zeus and
dissolved so B and C have no more share in
Sharryl as limited partners. In 2005,
the profit of the sale.
Raymondo and Sharryl got married. Did the
2nd conclusion – The sale of the lots between
marriage dissolve or change the form of the
A and D is void because it was without the
partnership?
knowledge and consent of B and C.
1st answer – yes, partnership is dissolved by
A. Both conclusions are correct
the marriage because there is a change in
B. Both conclusions are wrong
equity and status among the partners.
C. 1st conclusion is correct, 2nd conclusion is
2nd answer – no, because spouses can enter
wrong
into a universal partnership.
D. 1st conclusion is wrong, 2nd conclusion is
A. Both answers are correct.
correct
B. 1st answer is wrong, 2nd answer is correct
C. Both answers are wrong 48. A and B are capitalist partners with C as
D. 1st answer is correct, 2nd answer is wrong industrial partner. A and B contributed P20,
BL.O.1405.Law on Partnerships.MCQ

000 each to the capital of the partnership. A 51. The following are instances, except one,
contractual liability of P50, 000 was incurred when a partnership is unlawful. Which is the
by the partnership in favour of REX. The exception?
assets of the partnership has been exhausted A. A partnership formed to furnish
still leaving an unpaid liability of P12, 000. apartment houses to be used as venue
What are the rights and obligation of the for illegal gambling.

certs cpa review


partner if any? B. A partnership formed to create cartel of
A. A and B only monopolies.
B. C only C. A partnership formed for smuggling of
C. A, B and C are liable to REX and C after contrabands.
giving his share may ask reimbursement D. A partnership formed for the purpose of
from A and B, unless otherwise buying lands.
stipulated.
D. C has no right for reimbursement from A
and B unless stipulated 52. A partner in a partnership who is not really a
49. The common property of a universal partner not being a party to the partnership
partnership shall be agreement but is made liable as a partner for
A. All the properties that shall belong to the protection of innocent third persons is
each of the partners after the known as:
constitution of the partnership. A. Dormant partner
B. All the properties which belongs to each B. Secret partner
of the partners at the time of the C. Partnership by estoppel
constitution of the partnership as well D. Partner by estoppel
as the profits which they may accrue.
C. All the properties which belong to each 53. A, B and C are partners engaged in retail
of the partners at the time of the business. Their contribution is P20, 000 each.
constitution of the partnership. D is admitted as new partner with a
D. All the properties which belong to each contribution of P8, 000. At the time of his
of the partners at the time of the admission, the partnership has an
constitution of the partnership as well outstanding obligation to E in the amount of
as properties which may acquire P80, 000. In this case:
therewith A. D is liable to E for this obligation so that
. after the assets of the partnership
50. X, Y and Z are partners and contributed to amounting to P68, 000 will be exhausted
the partnership P40, 000. P30, 000and leaving a balance of P12, 000, only A, B
services, respectively. The partnership was and C shall be liable jointly or pro rata,
later liquidated and after payment of the out of their separate property.
partnership indebtedness, only P20, 000 B. D is not liable to E for this obligation.
worth of assets remained. How much is the C. D is liable to E for this obligation so that
share of Z? the assets of the partnership will be
A. Zero exhausted, leaving a balance of P12,
B. Equal to the share of X 000, all the partners shall be liable
C. Equal to the share of Y jointly or pro rata, out of their separate
D. P6, 000 property.
D. Answer not given.
BL.O.1405.Law on Partnerships.MCQ

B. B and C should automatically sue G to


54. A, B and Raymundu are equal partners in X collect the P10, 000.
partnership. On April 29, 2010, After C. B and C can charge the capital of A with
incurring unexpected heavy losses like their share of the p5, 000.
several mountains that fall on the little and D. A cannot be compelled to share the P5,
tiny partnership, partner Raymundu died 000 with B and C.
after walking and crying not only a river but 57. This is the order of preference in the

certs cpa review


an ocean on the lonely road of broken liquidation of a general partnership.
dreams. Not knowing that Raymundu died, A. Outside creditors; partner’s creditors;
on May 1, 2010 A feeling alone contracted a partner’s capital; partner’s profit
liability to D who also does not know of the B. Outside creditors; partner’s creditors;
death of Raymundu, the liability is P90, 000. partner’s profits; partner’s capital
After D exhausted the net assets of X C. Partner’s creditors; outside creditors;
partnership in the amount of P60, 000, he partner’s capital; partner’s profits
can collect: D. Partner’s capital; outside creditors;
A. P10, 000 from estate of Raymundu; P10, partner’s creditors; partner’s profits
000 from A; P10, 000 from B 58. F, G, H and I are partners. They contributed
B. P15, 000 from A and P15, 000 from B capital as follows: F – P5, 000; G – P30, 000;
C. P20, 000 from A and P10, 0000 from B H – P20,000; and I as the industrial partner,
D. P30, 000 from A his services. The partnership obligation to
outsiders exceeds the total net assets by
55. A and B are partners of X partnership. A is P18, 000.Who and by how much will the
the managing partner. E owes A P10, 000 partners be liable for the payment of the
and X partnership P30, 000. The obligations P18,000?
of E are both due. A collected from E the A. F – P9, 000; G – P 5,4 00; H – P3, 600; I –
debt of E to A in the amount of P10, 000 and nothing
issued a receipt in the name of A. B. F – P6, 000; G – P 6, 000; H – P6, 000; I –
A. The whole of the P10, 000 will be nothing
applied to debt of E to A. C. F – P4, 500; G – P 2, 700; H – P1, 800 I –
B. P10, 000 will be applied to debt of E to nothing
the partnership, D. F – P4,500; G – P 4,500; H – P4, 500; I
C. P2, 500 to debt of E to A and P7, 500 to P4, 500
debt of E to the partnership. 59. B and Y orally agreed to form a partnership.
D. P 50, 000 each to debt of E to A and to Each contributed cash and properties worth
the partnership. P10, 000 to common fund. But they did not
register the partnership with the Securities
56. A, B and C are general partners in ABC and Exchange Commission.
partnership. G is debtor to the partnership in A. The partnership is void
the amount of P15, 000. A received from the B. The partnership is voidable
debtor G the sum of P5, 000 and issued a C. The partnership is still valid
receipt identifying the amount collected as D. The partnership is unenforceable
P5, 000. 60. A partnership which comprises all that the
A. A can be compelled to share B and C partners may acquire by their work or
their P5, 000. industry during the existence of the
partnership is:
BL.O.1405.Law on Partnerships.MCQ

A. Particular partnership C. Universal partnership of all present


B. General partnership property
D. Universal partnership of profits

certs cpa review


certs cpa review
certs cpa review
13

1313

13

You might also like