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Business Law and Regulations (PARTNERSHIP) c.

Equally with all the partners whether capitalist


QUIZ 2 Reviewer partners or industrial partners
d. None
1. May be required to make additional contribution
in case of imminent loss 6. S and G established a partnership by
a. Capitalist partner contributing Php200,000 each. F, a classmate
b. Limited partner allowed his name to be included in the firm name
c. Industrial partner of the partnership. The partnership was insolvent
d. a, b, and c and after exhausting all the remaining assets,
there remains a liability to third persons
2. A, B and C, capitalist partners, each contributed amounting to Php30,000. The creditor can
Php10,000 and D, the industrial partner compel
contributed his services. Suppose X is the a. Either S or G or F to pay the Php30,000 liability
creditor of the firm amounting to Php90,000. b. Either S or G to pay the Php30,000 liability
After getting the Php30,000 capital assets of the c. S and G to pay Php15,000 each
partnership, which is correct? d. S, G and F to pay Php10,000 each
a. X can recover Php20,000 each from A, B and C
only 7. A, B and C formed a Universal Partnership of
b. X can recover Php60,000 from either A or B or C Profits. The partners contributed the following: A
c. X can recover Php15,000 each from A, B, C and - 20 sewing machines; B - 14 Furniture & Fixtures;
D
C - 4-storey building The parties agreed that only
d. X can recover Php15,000 each from A, B and C but
D is exempt because he is an industrial partner the use and fruits of the objects contributed shall
pertain to the partnership. Which of the
3. Which of the following has no right to inspect the following statements is true?
partnership books? a. The partnership upon delivery shall be the owner
a. Nominal partner of the objects contributed
b. Silent partner
b. Upon dissoultion, the objects shall be converted
c. Secret partner
into cash and the proceeds shall be divided
d. Dormant partner
equally among the partners including fruits
4. X, Y, and Z form Y Partnership to engage in c. During the term of the partnership, the
import-export business. The partners agreed contributing partner remains to be naked owner
that the profit will be divided on the following of the object contributed but upon dissolution all
ratio: X-20%, Y-30%, Z-50%, but no agreement objects contributed are to be converted into cash
as to losses. After one year of operation, there and proceeds shall be divided equally among the
was loss of Php10,000. How will you apportion three partners
this loss if the capital contributions are as follows: d. During the term of partnership, the loss of the
X-Php20,000; Y-Php15,000; Z-Php5,000. objects contributed shall be borne by the
a. According to their capital contributions: X- partners concerned
Php5,000; Y-Php3,750; Z-Php1,250
b. Equally among X, Y, and Z
c. X-Php2,000; Y-Php3,000; Z-Php5,000 8. What is the prescriptive period for a partner to
d. A third party may be called to make the file an action to impugn or question the
distribution manifestly inequitable sharing of partnership
5. In the absence of partnership agreement, what is profits or losses designated by a third person?
the share of the industrial partner in the net loss a. Within 3 months from the knowledge of such
of the partnership? designation but it must be before the said
a. Equal to the share of the least capitalist partner partner executes it.
b. Just and equitable share
b. Within 2 months from the knowledge of such
designation but it must be before the said partner
13. FAZE General Partnership consists of partners F,
executes it
A, Z and E who contributed P3M, P2M, P5M and
c. Within 1 month from the knowledge of such
industry, respectively. The Articles of Co-
designation but it must be before the said partner
executes it.
Partnership provides that Z is exempted from the
d. Within 1 month from the knowledge of such unpaid obligations of the partnership to its
designation but it must be before the said partner creditors in case of insolvency of the partnership.
executes it. After several years of operation, FAZE General
Partnership became bankrupt. At this moment,
9. A, a managing partner is B’s creditor to the the partnership reported total assets amounting
amount of Php1,000 already demandable. B also to P300,000 while its total liabilities amounted to
owes the partnership Php1,000, also P400,000. Assuming all partners are personally
demandable. A collects Php1,000 from B. One is solvent, how much may the unpaid creditors of
not correct. FAZE General Partnership collect from the
a. If A gives a receipt for the partnership it is the separate assets of partners F, A, Z and E,
partnership’s credit that has been collected respectively?
b. If A gives a receipt for his own credit, it is A’s a. P30,000 – P20,000 – P50,000 – P0
credit that has been collected b. P60,000 – P40,000 – P0 – P0
c. If A gives a receipt for his own credit, Php500 will c. P33,333.33 – P33,333.33 – P33,333.33 – P0
be given to him, Php500 to the partnership d. P25,000 – P25,000 – P25,000 – P25,000
d. B may decide that he is paying only A’s credit if
the personal credit of A is more onerous to B 14. Which of the following should first be considered
in determining how profits and losses shall be
10. Three of the following are rights of a partner, distributed?
which one is not? Right to a. Agreement
a. associate another person to his share b. Whether the partners are capitalist or industrial
b. admit another partner c. Amount of capital contribution
c. inspect and copy partnership book d. Amount of interest in the partnership
d. ask dissolution of the firm at the proper time
15. 1st Statement: In the absence of stipulation, the
11. How shall the profits and losses of the share of each partner in the profits and losses
partnership be distributed among the partners? shall be equal to each other.
a. It should be divided equally. 2nd Statement: A stipulation which excludes one
b. It should be divided according to their profits or more partners from any share in the profits or
and losses sharing agreement losses is void, as a general rule.
c. It should be divided proportionately in a. Both statements are true
accordance to the capital contribution b. Both statements are false
c. Only the 1st Statement is true
12. A, B, and C are partners contributing services,
d. Only the 2nd Statement is true
Php20,000 and Php40,000, respectively. The
distribution of Php80,000 profit shall be: 16. The managing partners may be appointed:
a. A = Php20,000; B = Php20,000; C = Php40,000 a. Only in the Articles of Partnership
b. A = Php5,000; B = Php25,000; C = Php50,000 b. Only after the constitution of Partnership
c. A = Php32,000; B = Php16,000; C = Php32,000 c. Either in the Articles of Partnership or after
d. A = Php26,667; B = Php26,667; C = Php26,667 constitution of Partnership
d. In the Articles of Partnership and after compromise concerning a partnership claim or
constitution of the Partnership liability.
Statement 2: Partners representing the
17. In the absence of agreement as to the sharing of controlling interest are authorized to dispose of
losses, how shall a capitalist-industrial partner the goodwill of the business.
share in partnership losses? a. Only Statement 1 is true
a. He shall share on the basis of profit agreement b. Only Statement 2 is true
ratio.
c. Both Statements are true
b. He shall receive an equal share in losses. d. Both Statements are not true.
c. He shall receive the lowest share received by a
capitalist partner 21. A, B and C are partners in a joint venture
d. For being an industrial partner, he shall not engaged in real estate and land development. A,
share in losses but for being capitalist partner
without the knowledge of B and C offered to sell
he shall share in the losses on the basis of
to D all the remaining unsold lots at a price very
profit ratio.
much higher than the prevailing market prices.
18. A, B, and C are partners contributing services, Later, A bought out B and C from the partnership
Php40,000 and Php80,000, respectively. The and thereafter finally sold all the lots at very big
distribution of Php60,000 loss shall be: profits.
a. A = Php15,000; B = Php15,000; C = Php30,000 Statement No. 1: When A bought out B and C
b. A = Php20,000; B = Php20,000; C = Php20,000 from the partnership, the partnership was
dissolved so B and C have no more share in the
c. A = Php0; B = Php20,000; C = Php40,000
profit of the sale.
d. A = Php0; B = Php30,000; C = Php30,000
Statement No. 2: The sale of the lots between A
19. C and I entered into a contract of partnership for and D is void because it was without the
a fixed term of two years. C, a capitalist partner knowledge and consent of B and C.
and I, an industrial partner agreed with the a. Both Statements are true
b. Both Statements are false
following profit or loss sharing terms. I will share
c. Statement No. 1 is true while Statement No. 2 is
equally in the profit and there is no agreement
false
as to losses. On 2020, the partnership had
d. Statement No. 1 is false while Statement No. 2 is
P10,000 net loss. On 2021, the partnership had true
P20,000 net income. Upon examination of the 22. A, B and C are partners in ABC Parking General
contract, it was determined that the word profit Partnership. D deposited his car to the parking
is really intended by the partners as cumulative lot of the partnership for a fee while A is
profit. How much shall be received by I as his managing the parking lot. After seeing D's
share for the two years of partnership operation? parked car, B borrowed the said car.
a. P10,000 because industrial partner does not share Unfortunately, the car was crushed by an
in the losses
accident. Who will be liable for the value of the
b. P5,000 because the year 2020 P10,000 net loss
car to D?
shall be netted from year-2021 P20,000 net
income before distribution a. ABC Partnership only
c. Zero because industrial partner has no b. ABC Partnership or B only
investment c. ABC Partnership or A or B or C
d. P20,000 because he is an industrial partner. d. ABC Partnership or A or B only

20. Statement 1: Partners representing the 23. Statement No. 1: Partners representing the
controlling interest are authorized to enter into a controlling interest are authorized to enter into a
compromise concerning a partnership claim or 27. In the absence of agreement as to the sharing of
liability. profits, how shall a capitalist-industrial partner
Statement No. 2: Partners representing the share in partnership profits?
controlling interest are authorized to dispose of a. He shall share on the basis of loss agreement
the goodwill of the business. ratio.
a. Only Statement No. 1 is true b. He shall receive an equal share in profit.
b. Only Statement No. 2 is true c. He shall receive the lowest share received by a
c. Both Statements are true capitalist partner
d. Both Statements are not true d. He shall receive a just and equitable share in
the profit for being an industrial partner and
24. A partner can engage in business for himself then he shall also share in the remaining
without the consent of his co-partners if he is profits as a capitalist partner on the basis of
capital contribution ratio.
a. A capitalist partner whether or not the business
he will engage in is of the same kind as or
28. D has two outstanding and matured obligations
different from the partnership business
to ABC Partnership and A, managing partner of
b. An industrial partner whether or not the business
he will engage in is of the same kind as or
ABC Partnership in the amount of P4,000 and
different from the partnership business P1,000, respectively. D paid P1,000 to A who
c. A capitalist partner and the business he will issued his personal receipt. How shall the P1,000
engage in is of a kind different from the be applied to the credits?
partnership business a. P1,000 to A's credit only
d. An industrial partner and the business he will b. P1,000 to ABC Partnership's credit only
engage in is of a kind different from the c. P800 to ABC Partnership and P200 to A's
partnership business credit
25. In the absence of agreement as to the sharing of d. P500 to ABC Partnership and P500 to A's credit
profits, how shall industrial partner share with it?
29. A and B put up a partnership to engage in
a. The industrial partner shall share on the basis of
distribution of books and school supplies. A
loss agreement ratio.
contributed Php1M while B his services. A wants
b. The industrial partner shall receive an equal share
in profit.
to put up a restaurant on the opposite side of the
street. On the other hand, B wants to have a
c. The industrial partner shall receive the lowest
share received by a capitalist partner. bakery beside A’s restaurant. Which of the
d. The industrial partner shall first receive a just following is correct?
and equitable share in the profits before a. A may put up his restaurant without need of
distribution to capitalist partners. securing B’s consent
b. B may put up his bakery without need of securing
26. Statement 1: Any stipulation against individual A’s consent
liability of the partners is valid against third c. Both A and B can put up their restaurant and
bakery businesses without the need of securing
persons.
each other’s consent
Statement 2: Any stipulation against individual
d. Neither A nor B can put up another business
liability of the partners is void among the
partners. 30. When the manner of management is not agreed
a. Only Statement 1 is true. upon:
b. Only Statement 2 is true. a. The party who has the controlling interest will be
c. Both Statements are true. considered as the agent of the partnership.
d. Both Statements are not true.
b. All capitalist partners will be considered as agents c. Things brought and appraised in the inventory of
of the partnership. partnership unless there is a stipulation to the
c. All industrial partners will be considered as agents contrary but the amount of partnership
of the partnership. obligation will be limited to the value at which
d. All partners will be considered as agents of the they were appraised.
partnership. d. Specific and determinate things owned by a
partner which are not fungible, contributed to
31. If a partner assigns his interest in the partnership the partnership so that only their use and
to his personal creditor or to a third person for fruits may be for the common benefit such as
value, the assignee acquires the right to property brought by partners in case of
universal partnership of profits.
a. demand an accounting of partnership affairs
b. inspect the books and records of the partnership
35. Andrea, John Lloyd, and Ellen are partners of AJE
c. receive the partner-assignor's share of the
Partnership. AJE Partnership had a long-time
profits
supplier named Derek. Derek made his payment
d. interfere in the management of the partnership
for the merchandise he brought to Ellen for
e. none of the above
Php300,000, considering that for years, it was
f. all of the above
Ellen who had collected the amounts with no
32. Which of the following partnership profit/loss
problems. However, Ellen used the funds for her
stipulation is valid?
European tour. Can the partnership recover from
a. Stipulation excluding any capitalist partner from
Derek?
share in partnership profit
a. No, the partnership is liable for loss because
b. Stipulation excluding any industrial partner from
Ellen was acting within the scope of her
share in partnership profit
apparent authority.
c. Stipulation excluding a capitalist partner from b. Yes, Derek is liable for loss because Ellen was
share in partnership loss
acting within the scope of her apparent authority.
d. Stipulation excluding an industrial partner from c. No, the partnership is liable for loss because there
share in partnership loss was no showing that Ellen was not authorized to
collect from Derek.
33. The partnership can recover real property d. Yes, Derek is liable for loss because Derek should
conveyed by any partner in the name of have known that Ellen was not authorized to
partnership when: collect from Derek.
a. The grantee does not have knowledge that the
partner exceeded his authority and the
36. A, B and C are capitalist partners, each
grantee is a holder for value.
contributed Php10,000. After exhausting the
b. The partner has authority to carry out the usual
assets of the firm, the firm’s indebtedness
business of the partnership.
amounts to Php90,000. It was stipulated that A
c. The real property has been conveyed by the
would be exempted from liability. Which is
grantee to a holder for value.
correct?
d. The person claiming the right under the grantee
a. A may recover his original capital of Php10,000
does not know that the partner has exceeded his
b. The creditors may collect Php30,000 each
authority.
from A, B and C
c. A can recover Php20,000 each from B and C
34. The partnership shall bear the risk of loss for the
should he be required to pay the creditors
following contributions of partners, except: d. The creditors can recover Php45,000 each from B
a. Fungible things or those that cannot be kept and C
without deteriorating.
b. Things contributed to the partnership to be sold. 37. In the partnership of A, B, C, and D, D was
designated as the managing partner. D's able
management prevented the firm to suffer from a. Y can collect Php20,000 from the partnership and
economic turbulence caused by the instability of from partners A, B and C at Php10,000 each.
the Philippine peso. Partners A, B and C became b. After exhausting the assets of the partnership
jealous of D's good name. As a result, D was amounting to Php20,000, Y can collect from
capriciously and whimsically removed as partners A, B, C and D at Php7,500 each.
manager without valid cause. Is the removal c. Y can collect Php20,000 from the partnership and
valid? Php30,000 from either partners A or B or C or D.
a. Yes, D's removal is valid even without his d. If Y succeeds in collecting the Php30,000 from
consent
the separate properties of the partners
b. Yes, provided it is approved by all the other
concerned, partners A, B and C will be required
partners
to make additional contribution.
c. No, D's appointment is irrevocable without a just
or lawful cause
d. No, D can only be removed for a valid cause with
vote of the partners owning controlling interest

38. How shall the partnership profit of a partnership


be divided?
a. It shall be divided based on any partnership profit
agreement.
b. It shall be divided based on any loss agreement.
c. It shall be divided based on a valid partnership
profit agreement.
d. It shall be divided equally.

39. A, B and C are partners in CAB Enterprises. Not


having established yet their credit standing, the
three partners requested D, a well-known
businessman, to help them negotiate a loan from
E, money lender. With the consent of A, B and C,
D represented himself as a partner of CAB
enterprises. Thereafter, E granted a loan of
Php150,000 to CAB Enterprises. What kind of
partner is D?
a. Managing partner
b. Liquidating partner
c. Ostensible partner
d. Partner by estoppel

40. A, B, C, and D are general partners contributing


Php20,000, Php30,000, Php50,000 and industry,
respectively. At the time of liquidation, the
partnership is indebted to Y for Php50,000, to
partner A for Php30,000 and to partner B for
Php20,000. If the assets of the partnership
amount only to Php20,000, which of the
following is correct?

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