Types, rights and duties of partners - class-XI
types, rights and duties of partners
Questions
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 ________.
- Dormant Partner
- Nominal Partner
- Sub-partner
- Ostensible Partner
Which of the following statements is true?
- Two or more companies cannot enter into a contract of partnership
- Two or more partnership firms can enter into a new contract of partnership
- A married woman can be a partner of her husband
- Two or more Joint Hindu Families cannot enter into a contract of partnership
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 ?
- Malu is not liable as a partner
- Malu can become a partner
- Public notice is not essential for a minor partner on attaining majority
- A suit may be filed by other partners for dissolution of the firm
A minor has some rights against his estate diving the age in which he is minor they are ___________.
- defending a suit
- defending him in prosecution
- to meet his marriage expenses
- all of the above
Following persons can not be called partners ____________________.
- Minors
- Insolvents
- Co-owners without the agreement to carry in the business
- All of the above
At the time when a new partner enters, goodwill __________________.
- belongs all partners, new and old
- belongs only to the new partner who is going to be admitted
- belongs only to the old partner who have credited it
- none of the above
A _________ partner is like an disclosed principal.
- sleeping
- active
- nominal
- sub-partner
A sub-partner is a person ____________.
- who is sharing the profits of some partner
- who does not invest and shares the profits
- who invests but does not work
- who only gives his name for partnership
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 ______________.
- holding out partner
- dormant partner
- nominal partner
- none of the above
Minor may be admitted in the firm for ________.
- sharing of profits
- mutually benefit
- both (a) and (b)
- none of these
When a minor attains majority, he is liable for _________.
- from the date of attaining majority
- all the liabilities
- only for liabilities which are dealt by him
- for all liabilities since the date of admission to the firm as a minor.
Which one of the following can not be claimed as a matter of right by a partner?
- To have access to books of account
- To take part in the conduct of the business
- To share the profits
- To receive remuneration
A sub-partner is a person ___________.
- who is sharing the profits of some partner.
- who does not invest and shares the profits
- who invests but does not work
- a partner who only gives his name for partnership
A Minor in a Partnership is _________.
- personally liable
- having unlimited liability
- liable only when the firm is insolvent
- none of the above
A Partner who has not entered into a Partnership agreement and conducts or represents himself as a Partner in a Firm is called _________.
- sleeping partner
- partner by estoppel
- working partner
- sub-partner.
A person who represents himself to be a partner but in reality he is not so, is known as a __________.
- inactive partner
- partner by estoppel
- Partner by default
- legal partner
Holding out partner is based on the principle of _______.
- protecting public interest
- Estoppel
- both a) & b)
- all of the above
A Nominal partner gets _______.
- no share in profits
- equal share in profits
- share in profits proportionate to*contribution
- none of the above
Dormant Partner is also known as ________.
- Sleeping Partner
- Active Partner
- Nominal Partner
- Sub-Partner.
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 __________.
- B is a Sleeping Partner
- B is a Sub-Partner
- B is a Dormant Partner
- B is a Partner by Estoppel.
Dormant partner ______________.
- never takes part in business activities.
- is not liable for any act done by other partners.
- will not share losses of the firm.
- existence in partnership is invalid.
Retiring Partner continues to be liable for acts of the Firm done __________.
- upto the date of admission of a new Partner.
- upto the date of giving public notice of retirement.
- upto the close of the financial year in which he retires.
- all of the above.
For the acts of the Firm ________.
- minor is personally liable.
- minor's share is liable.
- guardian is personally liable.
- there is no liability at all for or on behalf of the minor.
A Retiring Partner is entitled to Profits of the Firm?
- Upto $31^{st}$ March
- When last accounts is made up
- Up to retirement date
- Not entitled to any Profit.
Retiring Partner may be discharged from liability to any third party for acts of Firm done before his retirement by ________.
- an agreement made with such third party and the Partners of reconstituted Firm
- implied from the course of dealing between the third party and reconstituted Firm after he had knowledge of the retirement
- either (a) or (b)
- both (a) and (b).
In case of Partnership at Will, Notice of intention to dissolve the Firm may be served by ___________.
- sleeping partners only
- any of the working partners
- any of the partners
- majority of the partners.
When a Partner is expelled otherwise than in good faith, it is ______.
- generally valid
- valid vis-a-vis third parties
- in restraint of trade
- null and void.
Loss arising out of Partners' insolvency shall be made up by ___________.
- that Partners' estate
- that Partners' Legal Heirs
- the Firm itself
- the Solvent Partners.
Mission and Vision statements are NOT commonly used to__________.
- Guide management's thinking on strategic issues, especially during times of significant change
- Create wider linkages with customers suppliers and alliance partners
- Help establish a framework for ethical behaviour
- Inspire employees to work more productively by providing focus and common goals
Persons who have entered into partnership with one another are called individually __________________.
- Firm
- Co-owner
- Firm name
- Partner
Each member of firm is individually known as ________________.
- Partner
- Co-parceneres
- Managers
- Director
The private property of a partner should be used to ________.
- Pay his private debts first and if there is any surplus it can be used to pay firms liabilities
- Pay firms liabilities first and if there is any surplus it can be used to pay private debts
- (A) and (B)
- (A) or (B)
Which of the following is not a form of organisation?
- Partnership
- Company
- Partners
- Sole Proprietorship
Which of the following statement is incorrect?
- The partnership comes into existence only by an agreement
- A person who received the profits is always partner
- The true test of partnership is the mutual agency i.e., agency relationship among partners
- A person who receives the profits is not necessarily a partner
Which of the following people cannot be called partners?
- Minors
- Insolvents
- Co-owners without the agreement to carry on the business
- All of the above
Partners are ____________ of the firm.
- owners
- employers
- agents
- none of the above
A ____________ partner is like an undisclosed principal.
- sleeping
- active
- nominal
- sub-partner
The members of partnership firm are individually called as ________.
- director
- investor
- partner
- manager
For a minor to be admitted to a partnership firm _________.
- all the partners should agree
- there should be $2$ major partners and than a minor can be admitted
- minor can not be admitted in a partnership firm
- both a and b
A sub-partner is a person __________.
- who is sharing the profits of some partner
- who does not invest and shares the profits
- who invests but does not work
- a partner who only gives his name for partnership
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 ______.
- holding out partner
- dormant partner
- nominal partner
- none of the above
Any partner who invests in the business but does not take active part in the business is ___________.
- secret partner
- sleeping partner
- active partner
- nominal partner
Each partner is __________.
- required to contribute capital in the partnership firm
- not required to necessarily contribute capital in the partnership firm
- requiredto work in the partnership firm
- none of the above
Which type of partner is not personally liable?
- Active
- Dormant
- Nominal
- Minor
A partner who is entitled to share in the profits of a partnership firm without being liable to the losses, is called _________.
- partner is profits only
- sleeping partner
- active partner
- dummy partner
When a minor attains majority, he is liable for ___________.
- the date of attaining majority
- all the liabilities
- only for liabilities which are dealt by him
- all liabilities since the date of admission to the firm as a minor
Minor may be admitted in the firm for ________.
- sharing of profits
- mutual benefit
- both (a) and (b)
- none of these
A partner who is entitled to share in the profits of a partnership firm without being liable to the losses, is called ___________.
- partner in profits only
- sleeping partner
- active partner
- dummy partner
A person whose behaviour arouses misunderstanding that he is a partner in the firm but actually he is not,is called __________.
- nominal partner
- dormant partner
- ostensible partner
- partner by estoppel.
Which type of partners is not personally liable?
- Active
- Dormant
- Nominal
- Minor
Partnership gives special protection to minors.
- Partly true
- False
- Partly false
- True
At the time when a new partner enters, Good will _________________________.
- belongs to all partners, new and old
- belongs only to the new partner who is going to be admitted.
- belongs only to the old partner who have credited it
- none of the above
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 _________.
- Nominal partner
- Sleeping partner
- Sub-partner
- Partner by estoppel
A _________ partner is like an undisclosed principal.
- sleeping
- active
- nominal
- sub partner
Towards goodwill a new partner at the time of admission contributed ___________________.
- in cash
- does not pay cash
- may or may not pay cash for good will
- none of these
For a minor to be admitted to a partnership firm _____________.
- all the partners should agree
- there should be $2$ major partners
- minor can not be admitted in a partnership firm
- both a & b
As per partnership Act Minor on becoming major _______________.
- liability becomes unlimited
- liability becomes unlimited only when he accepts the partnership
- he has only rights and no liabilities
- none of the above
A minor has some rights against his estate diving the age in which he is minor they are ___________.
- defending a suit
- defending him in prosecution
- to meet his marriage expenses
- all of the above.
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 ____________.
- as their old profit ratio
- according to new ratio
- according to sacrifice ratio
- none of these
Parties are not competent to contract if any of them is __________________.
- minor
- insane
- declared
- all the above
Agency by Estoppel means ____________.
- a person is being posed by the person as his agent
- a person himself believes that he is the agent of some other person.
- a person who becomes the agent because of some kind of necessary requirement.
- none of the above.
Who all can be co parceners in HUF____________.
- daughters of family
- son's of family
- both a & b
- none of the above
The _________ is responsible for doing all acts, matters and things as are required to be done by LLP as per the Act.
- Designated Partner
- Active Partner
- Designated Director
- All the partners
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?
- Void, their objection is wrong.
- Valid, they can object.
- Valid, they have the right not to give the accounts to the Sleeping Partner.
- None of the above.
Co-ownership is not always the result of an agreement; it may arise ________.
- By the operation of law
- From status
- By the operation of law or from status
- None of the above
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.
- (i)-True, (ii)-False, (iii)-True, (iv)-False
- (i)-False, (ii)-True, (iii)-False, (iv)-True
- (i)-True, (ii)-False, (iii)-False, (iv)-True
- (i)-False, (ii)-True, (iii)-True, (iv)-False
A change in the nature of the business can only be brought about by the consent of __________.
- Majority partners
- All the partners
- Any two partners
- Any five partners
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?
- Active or working partner
- Sleeping or dormant partner
- Nominal partner
- Partner in profits only
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 _________________.
- B is a sleeping partner
- B is a sub-partner
- B is a dormant partner
- B is a partner by estoppel
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 _______________.
- Sleeping partner
- Working partner
- Sub-partner
- Partner by estoppel
Which of the following partner can retire without giving public notice?
- Active partner
- Sleeping or dormant partner
- Nominal partner
- Partner in profits only
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.
- Sleeping partner
- Partner by estoppel
- Working partner
- Sub-partner
A partner who has not entered into a partnership agreement and conducts or represents himself as a partner in a firm is called _____________.
- Sleeping partner
- Working partner
- Sub-partner
- Partner by holding out
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.
- No. D is not liable
- A has to repay the loan
- Yes. D is liable as a partner by holding out
- None of the above
When the minor elects not to become a partner, his rights and liabilities _________.
- Continue to be those of a minor up to the date of giving public notice
- Are the same as that of all other partner
- Become ineffective since the partnership is invalid
- None of the above
When the minor elects not to become a partner, his share is not liable for any acts of the firm done _________.
- After his admission to benefits of partnership
- After the date of giving public notice
- After the date of attaining majority
- After the date of dissolution of firm
For admitting a minor into the benefits of the partnership, which of the following is required?
- Consent of majority partners
- Consent of parent or guardian
- Consent of all the partners
- Consent of $3/4$th partners
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?
- No. Rohit is not liable
- No. Sanjay has to bear the loss
- Yes. Rohit is liable as a partner by holding out
- None of the above
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.
- Correct
- Incorrect
- Partly correct
- Partly incorrect
A minor is personally liable for the debts of the firm ________________.
- Correct
- Incorrect
- Partly correct
- Partly incorrect
If minor becomes or elects to become a partner, his position will be ____________________________.
- His rights and liabilities will be similar to those of a full-fledged partner
- He will be personally liable for all the acts of the firm, done since he was first admitted to the benefits of the partnership
- His share of profits and property remains the same as was before, unless altered by agreement
- All of the above
Which of the following is NOT covered by general duties of partners?
- To carry on the business of the firm to the greatest common advantage of the firm
- To be just and faithful to each other
- To arrange for audit of accounts of the firm
- To keep and render true, proper and correct accounts of the partnership
Which of the following is not a right of partner?
- Every partner has a right to continue in the partnership and not to be expelled from it
- A partner has power to act in an emergency for protecting the firm from loss
- Every partner is entitled to share in the profits equally
- Every partner is entitled to the introduction of a new partner into the firm without consent other partner
Every partner is bound to attend _________ to his duties, in the conduct of the business.
- Systematically
- Diligently
- Sincerely
- Effectively
___________ can assign or transfer his partnership interest to any other person, so as to make him a partner in the business.
- No partner
- Every partner
- Working partner
- Nominal partner
Which of the following statement is correct in relation to assignment of profit by partner?
- To assignee will have right to ask for the accounts or to interfere in the management of the business
- The assignee would be entitled only to share the actual profits from the firm
- 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
- All of the above
Which of the following statement is incorrect?
- Every partner must be just and faithful to other partners
- A partner is bound to keep and render true, proper and correct accounts of the partnership
- A partner can compete with the firm, without the consent of the other partners
- To carry on the business of the firm to the greatest common advantage
In the absence of an agreement to the contrary, every partner is bound to share losses ______________.
- Equally
- In proportion to capital
- In proportion to their private assets
- $50\%$ loss equally and balance $50\%$ in their capital ratio
Property of the firm shall be held by use of the partners __________.
- Exclusively for business purposes
- For business purposes as well as private purposes of the partners
- For the private purposes of the partners
- For charitable purposes
For loss caused to the firm by his fraud in the conduct of the business, every partner shall __________.
- Indemnify the firm
- Indemnify the other partner
- Indemnify all the retiring partners
- Indemnify only to working partners
Every partner is an agent of the firm and of other partners for __________________.
- The purpose of the management of the firm
- The purpose of other partners
- The purpose of liability to third parties
- The purpose of the business of the firm
Every partner is bound to attend ______ to his duties in the conduct of the business.
- Systematically
- Diligently
- Sincerely
- Effectively
A partner who contributed capital in the Finn but does not actively participate in the working of the business is called ______________.
- Active Partner
- Sleeping Partner
- Sub-Partner
- Nominal Partner