Types, rights and duties of partners - class-XI

types, rights and duties of partners

93 Questions Published

Questions

Question 1 Multiple Choice (Single Answer)

Dinesh becomes a partner in the firm by agreement but never takes active part in the conduct of the business of the firm, in this situation he is known as a ________.

  1. Dormant Partner
  2. Nominal Partner
  3. Sub-partner
  4. Ostensible Partner
Question 2 Multiple Choice (Single Answer)

Which of the following statements is true?

  1. Two or more companies cannot enter into a contract of partnership
  2. Two or more partnership firms can enter into a new contract of partnership
  3. A married woman can be a partner of her husband
  4. Two or more Joint Hindu Families cannot enter into a contract of partnership
Question 3 Multiple Choice (Single Answer)

Balu, Lalu and Kalu are partners in a firm. They admit Malu as a minor partner to the benefit of partnership. Within 6 months of his attaining majority, he fails to give a public notice of his intention that he has become a fullfledged partner. On the other hand all other partners refuse to take him as a partner. In this case, which of the following statement is correct ?

  1. Malu is not liable as a partner
  2. Malu can become a partner
  3. Public notice is not essential for a minor partner on attaining majority
  4. A suit may be filed by other partners for dissolution of the firm
Question 4 Multiple Choice (Single Answer)

A minor has some rights against his estate diving  the age in which he is minor they are ___________.

  1. defending a suit
  2. defending him in prosecution
  3. to meet his marriage expenses
  4. all of the above
Question 5 Multiple Choice (Single Answer)

Following persons can not be called partners ____________________.

  1. Minors
  2. Insolvents
  3. Co-owners without the agreement to carry in the business
  4. All of the above
Question 6 Multiple Choice (Single Answer)

At the time when a new partner enters, goodwill   __________________.

  1. belongs all partners, new and old
  2. belongs only to the new partner who is going to be admitted
  3. belongs only to the old partner who have credited it
  4. none of the above
Question 7 Multiple Choice (Single Answer)

A _________  partner is like an disclosed principal.

  1. sleeping
  2. active
  3. nominal
  4. sub-partner
Question 8 Multiple Choice (Single Answer)

A sub-partner is a person ____________.

  1. who is sharing the profits of some partner
  2. who does not invest and shares the profits
  3. who invests but does not work
  4. who only gives his name for partnership
Question 9 Multiple Choice (Single Answer)

XYZ partnership firm is a partnership firm between A and B. C posed that he is a partner in XYZ and earned profits from the market. C will be regarded as ______________.

  1. holding out partner
  2. dormant partner
  3. nominal partner
  4. none of the above
Question 10 Multiple Choice (Single Answer)

Minor may be admitted in the firm for ________.

  1. sharing of profits
  2. mutually benefit
  3. both (a) and (b)
  4. none of these
Question 11 Multiple Choice (Single Answer)

When a minor attains majority, he is liable for _________.

  1. from the date of attaining majority
  2. all the liabilities
  3. only for liabilities which are dealt by him
  4. for all liabilities since the date of admission to the firm as a minor.
Question 12 Multiple Choice (Single Answer)

Which one of the following can not be claimed as a matter of right by a partner?

  1. To have access to books of account
  2. To take part in the conduct of the business
  3. To share the profits
  4. To receive remuneration
Question 13 Multiple Choice (Single Answer)

A sub-partner is a person ___________.

  1. who is sharing the profits of some partner.
  2. who does not invest and shares the profits
  3. who invests but does not work
  4. a partner who only gives his name for partnership
Question 14 Multiple Choice (Single Answer)

A Minor in a Partnership is _________.

  1. personally liable
  2. having unlimited liability
  3. liable only when the firm is insolvent
  4. none of the above
Question 15 Multiple Choice (Single Answer)

A Partner who has not entered into a Partnership agreement and conducts or represents himself as a Partner in a Firm is called _________.

  1. sleeping partner
  2. partner by estoppel
  3. working partner
  4. sub-partner.
Question 16 Multiple Choice (Single Answer)

A person who represents himself to be a partner but in reality he is not so, is known as a __________.

  1. inactive partner
  2. partner by estoppel
  3. Partner by default
  4. legal partner
Question 17 Multiple Choice (Single Answer)

Holding out partner is based on the principle of _______.

  1. protecting public interest
  2. Estoppel
  3. both a) & b)
  4. all of the above
Question 18 Multiple Choice (Single Answer)

A Nominal partner gets _______.

  1. no share in profits
  2. equal share in profits
  3. share in profits proportionate to*contribution
  4. none of the above
Question 19 Multiple Choice (Single Answer)

Dormant Partner is also known as ________.

  1. Sleeping Partner
  2. Active Partner
  3. Nominal Partner
  4. Sub-Partner.
Question 20 Multiple Choice (Single Answer)

A introduces B to C as a Partner in his business. B, in fact, was not a Partner but he did not deny the statement. C advanced a loan to A. A could not repay the loan. C can hold B responsible for the repayment of loan because __________.

  1. B is a Sleeping Partner
  2. B is a Sub-Partner
  3. B is a Dormant Partner
  4. B is a Partner by Estoppel.
Question 21 Multiple Choice (Single Answer)

Dormant partner ______________.

  1. never takes part in business activities.
  2. is not liable for any act done by other partners.
  3. will not share losses of the firm.
  4. existence in partnership is invalid.
Question 22 Multiple Choice (Single Answer)

Retiring Partner continues to be liable for acts of the Firm done __________.

  1. upto the date of admission of a new Partner.
  2. upto the date of giving public notice of retirement.
  3. upto the close of the financial year in which he retires.
  4. all of the above.
Question 23 Multiple Choice (Single Answer)

For the acts of the Firm ________.

  1. minor is personally liable.
  2. minor's share is liable.
  3. guardian is personally liable.
  4. there is no liability at all for or on behalf of the minor.
Question 24 Multiple Choice (Single Answer)

A Retiring Partner is entitled to Profits of the Firm?

  1. Upto $31^{st}$ March
  2. When last accounts is made up
  3. Up to retirement date
  4. Not entitled to any Profit.
Question 25 Multiple Choice (Single Answer)

Retiring Partner may be discharged from liability to any third party for acts of Firm done before his retirement by ________.

  1. an agreement made with such third party and the Partners of reconstituted Firm
  2. implied from the course of dealing between the third party and reconstituted Firm after he had knowledge of the retirement
  3. either (a) or (b)
  4. both (a) and (b).
Question 26 Multiple Choice (Single Answer)

In case of Partnership at Will, Notice of intention to dissolve the Firm may be served by ___________.

  1. sleeping partners only
  2. any of the working partners
  3. any of the partners
  4. majority of the partners.
Question 27 Multiple Choice (Single Answer)

When a Partner is expelled otherwise than in good faith, it is ______.

  1. generally valid
  2. valid vis-a-vis third parties
  3. in restraint of trade
  4. null and void.
Question 28 Multiple Choice (Single Answer)

Loss arising out of Partners' insolvency shall be made up by ___________.

  1. that Partners' estate
  2. that Partners' Legal Heirs
  3. the Firm itself
  4. the Solvent Partners.
Question 29 Multiple Choice (Single Answer)

Mission and Vision statements are NOT commonly used to__________.

  1. Guide management's thinking on strategic issues, especially during times of significant change
  2. Create wider linkages with customers suppliers and alliance partners
  3. Help establish a framework for ethical behaviour
  4. Inspire employees to work more productively by providing focus and common goals
Question 30 Multiple Choice (Single Answer)

Persons who have entered into partnership with one another are called individually __________________.

  1. Firm
  2. Co-owner
  3. Firm name
  4. Partner
Question 31 Multiple Choice (Single Answer)

Each member of firm is individually known as ________________.

  1. Partner
  2. Co-parceneres
  3. Managers
  4. Director
Question 32 Multiple Choice (Single Answer)

The private property of a partner should be used to ________.

  1. Pay his private debts first and if there is any surplus it can be used to pay firms liabilities
  2. Pay firms liabilities first and if there is any surplus it can be used to pay private debts
  3. (A) and (B)
  4. (A) or (B)
Question 33 Multiple Choice (Single Answer)

Which of the following is not a form of organisation?

  1. Partnership
  2. Company
  3. Partners
  4. Sole Proprietorship
Question 34 Multiple Choice (Single Answer)

Which of the following statement is incorrect?

  1. The partnership comes into existence only by an agreement
  2. A person who received the profits is always partner
  3. The true test of partnership is the mutual agency i.e., agency relationship among partners
  4. A person who receives the profits is not necessarily a partner
Question 35 Multiple Choice (Single Answer)

Which of the following people cannot be called partners?

  1. Minors
  2. Insolvents
  3. Co-owners without the agreement to carry on the business
  4. All of the above
Question 36 Multiple Choice (Single Answer)

Partners are ____________ of the firm.

  1. owners
  2. employers
  3. agents
  4. none of the above
Question 37 Multiple Choice (Single Answer)

A ____________ partner is like an undisclosed principal.

  1. sleeping
  2. active
  3. nominal
  4. sub-partner
Question 38 Multiple Choice (Single Answer)

The members of partnership firm are individually called as ________.

  1. director
  2. investor
  3. partner
  4. manager
Question 39 Multiple Choice (Single Answer)

For a minor to be admitted to a partnership firm _________.

  1. all the partners should agree
  2. there should be $2$ major partners and than a minor can be admitted
  3. minor can not be admitted in a partnership firm
  4. both a and b
Question 40 Multiple Choice (Single Answer)

A sub-partner is a person __________.

  1. who is sharing the profits of some partner
  2. who does not invest and shares the profits
  3. who invests but does not work
  4. a partner who only gives his name for partnership
Question 41 Multiple Choice (Single Answer)

XYZ partnership firm is a partnership firm between A and B. C posed that he is a partner in XYZ and earned profits form the market. C will be regarded as ______.

  1. holding out partner
  2. dormant partner
  3. nominal partner
  4. none of the above
Question 42 Multiple Choice (Single Answer)

Any partner who invests in the business but does not take active part in the business is ___________.

  1. secret partner
  2. sleeping partner
  3. active partner
  4. nominal partner
Question 43 Multiple Choice (Single Answer)

Each partner is __________.

  1. required to contribute capital in the partnership firm
  2. not required to necessarily contribute capital in the partnership firm
  3. requiredto work in the partnership firm
  4. none of the above
Question 44 Multiple Choice (Single Answer)

Which type of partner is not personally liable?

  1. Active
  2. Dormant
  3. Nominal
  4. Minor
Question 45 Multiple Choice (Single Answer)

A partner who is entitled to share in the profits of a partnership firm without being liable to the losses, is called _________.

  1. partner is profits only
  2. sleeping partner
  3. active partner
  4. dummy partner
Question 46 Multiple Choice (Single Answer)

When a minor attains majority, he is liable for ___________.

  1. the date of attaining majority
  2. all the liabilities
  3. only for liabilities which are dealt by him
  4. all liabilities since the date of admission to the firm as a minor
Question 47 Multiple Choice (Single Answer)

Minor may be admitted in the firm for ________.

  1. sharing of profits
  2. mutual benefit
  3. both (a) and (b)
  4. none of these
Question 48 Multiple Choice (Single Answer)

A partner who is entitled to share in the profits of a partnership firm without being liable to the losses, is called ___________.

  1. partner in profits only
  2. sleeping partner
  3. active partner
  4. dummy partner
Question 49 Multiple Choice (Single Answer)

A person whose behaviour arouses misunderstanding that he is a partner in the firm but actually he is not,is called __________.

  1. nominal partner
  2. dormant partner
  3. ostensible partner
  4. partner by estoppel.
Question 50 Multiple Choice (Single Answer)

Which type of partners is not personally liable?

  1. Active
  2. Dormant
  3. Nominal
  4. Minor
Question 51 Multiple Choice (Single Answer)

Partnership gives special protection to minors.

  1. Partly true
  2. False
  3. Partly false
  4. True
Question 52 Multiple Choice (Single Answer)

At the time when a new partner enters, Good will _________________________.

  1. belongs to all partners, new and old
  2. belongs only to the new partner who is going to be admitted.
  3. belongs only to the old partner who have credited it
  4. none of the above
Question 53 Multiple Choice (Single Answer)

If the behavior of a person shows that he is a partner in a firm (when actually he is not), such a person is known as _________.

  1. Nominal partner
  2. Sleeping partner
  3. Sub-partner
  4. Partner by estoppel
Question 54 Multiple Choice (Single Answer)

A _________ partner is like an undisclosed principal.

  1. sleeping
  2. active
  3. nominal
  4. sub partner
Question 55 Multiple Choice (Single Answer)

Towards goodwill a new partner at the time of admission contributed ___________________.

  1. in cash
  2. does not pay cash
  3. may or may not pay cash for good will
  4. none of these
Question 56 Multiple Choice (Single Answer)

For a minor to be admitted to a partnership firm _____________.

  1. all the partners should agree
  2. there should be $2$ major partners
  3. minor can not be admitted in a partnership firm
  4. both a & b
Question 57 Multiple Choice (Single Answer)

As per partnership Act Minor on becoming major _______________.

  1. liability becomes unlimited
  2. liability becomes unlimited only when he accepts the partnership
  3. he has only rights and no liabilities
  4. none of the above
Question 58 Multiple Choice (Single Answer)

A minor has some rights against his estate diving the age in which he is minor they are ___________.

  1. defending a suit
  2. defending him in prosecution
  3. to meet his marriage expenses
  4. all of the above.
Question 59 Multiple Choice (Single Answer)

New incoming partner pays his share of goodwill in cash, and profit sharing ratio of old partner is changed, Goodwill be distributed among old partners ____________.

  1. as their old profit ratio
  2. according to new ratio
  3. according to sacrifice ratio
  4. none of these
Question 60 Multiple Choice (Single Answer)

Parties are not competent to contract if any of them is __________________.

  1. minor
  2. insane
  3. declared
  4. all the above
Question 61 Multiple Choice (Single Answer)

Agency by Estoppel means ____________.

  1. a person is being posed by the person as his agent
  2. a person himself believes that he is the agent of some other person.
  3. a person who becomes the agent because of some kind of necessary requirement.
  4. none of the above.
Question 62 Multiple Choice (Single Answer)

Who all can be co parceners in HUF____________.

  1. daughters of family
  2. son's of family
  3. both a & b
  4. none of the above
Question 63 Multiple Choice (Single Answer)

The _________ is responsible for doing all acts, matters and things as are required to be done by LLP as per the Act.

  1. Designated Partner
  2. Active Partner
  3. Designated Director
  4. All the partners
Question 64 Multiple Choice (Single Answer)

Robert is a Sleeping Partner in a Firm. He detected a mistake in the accounts of the Firm. So he wants to check the complete accounts of the Firm. But the other Partners objected it. Is the objection is valid?

  1. Void, their objection is wrong.
  2. Valid, they can object.
  3. Valid, they have the right not to give the accounts to the Sleeping Partner.
  4. None of the above.
Question 65 Multiple Choice (Single Answer)

Co-ownership is not always the result of an agreement; it may arise ________.

  1. By the operation of law
  2. From status
  3. By the operation of law or from status
  4. None of the above
Question 66 Multiple Choice (Single Answer)

Identify which of the following statement is true and which is false?
(i) As relations of partners inter se are that of agency, no consideration is required to create the partnership,
(ii) Partnership and Joint Hindu Family both are created by status.
(iii) There is no restriction as to maximum number of members for HUF.
(iv) Registration is also required for HUF.
Select the correct answer from the options given.

  1. (i)-True, (ii)-False, (iii)-True, (iv)-False
  2. (i)-False, (ii)-True, (iii)-False, (iv)-True
  3. (i)-True, (ii)-False, (iii)-False, (iv)-True
  4. (i)-False, (ii)-True, (iii)-True, (iv)-False
Question 67 Multiple Choice (Single Answer)

A change in the nature of the business can only be brought about by the consent of __________.

  1. Majority partners
  2. All the partners
  3. Any two partners
  4. Any five partners
Question 68 Multiple Choice (Single Answer)

How you will classify partner who do not invest or participate in the management of the firm but only give their name to the business or firm?

  1. Active or working partner
  2. Sleeping or dormant partner
  3. Nominal partner
  4. Partner in profits only
Question 69 Multiple Choice (Single Answer)

A introduces B to C as a partner in his business. B, in fact, was not a partner but he did not deny the statement. C advanced a loan to A. A could not repay the loan. C can hold B responsible for the repayment of loan because _________________.

  1. B is a sleeping partner
  2. B is a sub-partner
  3. B is a dormant partner
  4. B is a partner by estoppel
Question 70 Multiple Choice (Single Answer)

A person, who, by words spoken or written or conduct represents himself or knowingly permits himself to be represented as a partner in the firm is called _______________.

  1. Sleeping partner
  2. Working partner
  3. Sub-partner
  4. Partner by estoppel
Question 71 Multiple Choice (Single Answer)

Which of the following partner can retire without giving public notice?

  1. Active partner
  2. Sleeping or dormant partner
  3. Nominal partner
  4. Partner in profits only
Question 72 Multiple Choice (Single Answer)

If the behaviour of a person arouses misunderstanding that he is a partner in a firm(when actually he is not), such a person is estopped from later on denying the liabilities for the acts of the firm. Such person is called ________ and is liable to all third parties.

  1. Sleeping partner
  2. Partner by estoppel
  3. Working partner
  4. Sub-partner
Question 73 Multiple Choice (Single Answer)

A partner who has not entered into a partnership agreement and conducts or represents himself as a partner in a firm is called _____________.

  1. Sleeping partner
  2. Working partner
  3. Sub-partner
  4. Partner by holding out
Question 74 Multiple Choice (Single Answer)

A, B & C are partners in a firm. A introduces D to X as a partner in business. D, in fact, was not a partner in the firm's business. D did not deny this statement. X advanced a loan of Rs. $20$ lakhs to the firm. On firm's failure to repay the loan X wants to hold D responsible for the repayment of the above loan. Referring to the provisions of the Indian Partnership Act, $1932$ decide whether X would succeed in recovering the loan from D.

  1. No. D is not liable
  2. A has to repay the loan
  3. Yes. D is liable as a partner by holding out
  4. None of the above
Question 75 Multiple Choice (Single Answer)

When the minor elects not to become a partner, his rights and liabilities _________.

  1. Continue to be those of a minor up to the date of giving public notice
  2. Are the same as that of all other partner
  3. Become ineffective since the partnership is invalid
  4. None of the above
Question 76 Multiple Choice (Single Answer)

When the minor elects not to become a partner, his share is not liable for any acts of the firm done _________.

  1. After his admission to benefits of partnership
  2. After the date of giving public notice
  3. After the date of attaining majority
  4. After the date of dissolution of firm
Question 77 Multiple Choice (Single Answer)

For admitting a minor into the benefits of the partnership, which of the following is required?

  1. Consent of majority partners
  2. Consent of parent or guardian
  3. Consent of all the partners
  4. Consent of $3/4$th partners
Question 78 Multiple Choice (Single Answer)

Rohit is not a partner in a particular firm. But, he represents himself or knowingly permits himself to be represented as a partner of that particular firm to Sanjay, who on the faith of such a representation gives credit to the firm. Is Rohit liable as a partner in the firm?

  1. No. Rohit is not liable
  2. No. Sanjay has to bear the loss
  3. Yes. Rohit is liable as a partner by holding out
  4. None of the above
Question 79 Multiple Choice (Single Answer)

Where a minor on attaining majority elects to become a partner, he does not becomes personally liable as other partners to the third parties for all the acts of the firm done since he was admitted to the benefits of partnership.

  1. Correct
  2. Incorrect
  3. Partly correct
  4. Partly incorrect
Question 80 Multiple Choice (Single Answer)

A minor is personally liable for the debts of the firm ________________.

  1. Correct
  2. Incorrect
  3. Partly correct
  4. Partly incorrect
Question 81 Multiple Choice (Single Answer)

If minor becomes or elects to become a partner, his position will be ____________________________.

  1. His rights and liabilities will be similar to those of a full-fledged partner
  2. He will be personally liable for all the acts of the firm, done since he was first admitted to the benefits of the partnership
  3. His share of profits and property remains the same as was before, unless altered by agreement
  4. All of the above
Question 82 Multiple Choice (Single Answer)

Which of the following is NOT covered by general duties of partners?

  1. To carry on the business of the firm to the greatest common advantage of the firm
  2. To be just and faithful to each other
  3. To arrange for audit of accounts of the firm
  4. To keep and render true, proper and correct accounts of the partnership
Question 83 Multiple Choice (Single Answer)

Which of the following is not a right of partner?

  1. Every partner has a right to continue in the partnership and not to be expelled from it
  2. A partner has power to act in an emergency for protecting the firm from loss
  3. Every partner is entitled to share in the profits equally
  4. Every partner is entitled to the introduction of a new partner into the firm without consent other partner
Question 84 Multiple Choice (Single Answer)

Every partner is bound to attend _________ to his duties, in the conduct of the business.

  1. Systematically
  2. Diligently
  3. Sincerely
  4. Effectively
Question 85 Multiple Choice (Single Answer)

___________ can assign or transfer his partnership interest to any other person, so as to make him a partner in the business.

  1. No partner
  2. Every partner
  3. Working partner
  4. Nominal partner
Question 86 Multiple Choice (Single Answer)

Which of the following statement is correct in relation to assignment of profit by partner?

  1. To assignee will have right to ask for the accounts or to interfere in the management of the business
  2. The assignee would be entitled only to share the actual profits from the firm
  3. On dissolution of the firm, the assignee will be entitled to the share of the assets and also to accounts but only from the date of dissolution
  4. All of the above
Question 87 Multiple Choice (Single Answer)

Which of the following statement is incorrect?

  1. Every partner must be just and faithful to other partners
  2. A partner is bound to keep and render true, proper and correct accounts of the partnership
  3. A partner can compete with the firm, without the consent of the other partners
  4. To carry on the business of the firm to the greatest common advantage
Question 88 Multiple Choice (Single Answer)

In the absence of an agreement to the contrary, every partner is bound to share losses ______________.

  1. Equally
  2. In proportion to capital
  3. In proportion to their private assets
  4. $50\%$ loss equally and balance $50\%$ in their capital ratio
Question 89 Multiple Choice (Single Answer)

Property of the firm shall be held by use of the partners __________.

  1. Exclusively for business purposes
  2. For business purposes as well as private purposes of the partners
  3. For the private purposes of the partners
  4. For charitable purposes
Question 90 Multiple Choice (Single Answer)

For loss caused to the firm by his fraud in the conduct of the business, every partner shall __________.

  1. Indemnify the firm
  2. Indemnify the other partner
  3. Indemnify all the retiring partners
  4. Indemnify only to working partners
Question 91 Multiple Choice (Single Answer)

Every partner is an agent of the firm and of other partners for __________________.

  1. The purpose of the management of the firm
  2. The purpose of other partners
  3. The purpose of liability to third parties
  4. The purpose of the business of the firm
Question 92 Multiple Choice (Single Answer)

Every partner is bound to attend ______ to his duties in the conduct of the business.

  1. Systematically
  2. Diligently
  3. Sincerely
  4. Effectively
Question 93 Multiple Choice (Single Answer)

A partner who contributed capital in the Finn but does not actively participate in the working of the business is called ______________.

  1. Active Partner
  2. Sleeping Partner
  3. Sub-Partner
  4. Nominal Partner