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The mercantile theory of the law merchant held that the partnership is a legal entity that can have rights and duties independent of those of its members.

A) True
B) False

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Differentiate between the entity theory and the aggregate theory. How did the common law theory and the mercantile theory of law treat partnerships with respect to legal entity?

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A legal entity is a person or a group th...

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Which of the following is true of partnerships as entities?


A) Partnerships are taxable entities and pay income taxes.
B) A partner can unilaterally dispose of partnership property under both RUPA and UPA.
C) A partnership cannot be involuntarily thrust into a bankruptcy proceeding.
D) A partnership may keep business records as if it were a separate entity.
E) Under RUPA, a partnership does not have entity characteristics.

F) C) and D)
G) A) and E)

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A partnership intentionally created and recognized, orally or in writing is known as an) _____ partnership.


A) estoppel
B) agency
C) implied
D) apparent
E) express

F) A) and E)
G) B) and E)

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Non-registration of the partnership name will violate the assumed or fictitious name statutes of most states.

A) True
B) False

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Unlike corporations, partnerships can be created accidentally.

A) True
B) False

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Mr. Brown, Mr. Hobbs, and Mr. Young want to enter into a partnership to open a food joint. Which of the following names for their partnership need not be registered under the fictitious names statutes of their state?


A) Yumm-Tumm
B) Good Food Corporation
C) Brown, Hobbs, and Young
D) Farm-Fresh Foods
E) Fill- it-up Inc.

F) All of the above
G) A) and E)

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The theory that a business firm is a collection of individual owners who bind themselves together to share profits is known as _____


A) entity theory
B) aggregate theory
C) concession theory
D) conduit theory
E) appropriation theory

F) C) and E)
G) A) and E)

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Which of the following is true of express partnerships?


A) They must be created in writing.
B) They are limited to a direct association of human beings.
C) The name must be registered if it is fictitious.
D) They are created unintentionally.
E) A partnership agreement is necessary for creation.

F) All of the above
G) A) and D)

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The concept of a business firm as a legal person, with existence and accountability separate from its owners stems from _____.


A) entity theory
B) aggregate theory
C) concession theory
D) conduit theory
E) appropriation theory

F) C) and D)
G) All of the above

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The _____, completed in 1914 and the _____, completed in the 1916 were the basis of partnership law in United States for many decades.


A) Uniform Partnership Act UPA) ; Uniform Limited Partnership Act ULPA)
B) Universal Partnership Act UPA) ; Revised Partnership Act RPA)
C) Uniform Partnership Act UPA) ; Revised Uniform Partnership Act RUPA)
D) United Partners Act UPA) ; Uniform Limitation Act ULA)
E) Partnership Act; Uniform Partnership Act

F) A) and D)
G) A) and C)

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The fictitious names statutes in most states of US require that anyone doing business under a name other than his real name register the name.

A) True
B) False

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