Dissolution of partnership - class-XI
dissolution of partnership
Questions
Date of compulsory dissolution for Partnership firm is the ________.
- date of order of court
- date of applying for court
- date when firm closes its business
- none of the above
Reconstitute of firm takes place expect in case of _________.
- admission of partner
- retirement of partner
- change in profit sharing ratio
- insolvency of partner
When firm is compulsory dissolved?
- All the partners are insolvent.
- Firms business become unlawful.
- All but not one become insolvent.
- All of the above.
After dissolution, the authority to bind the Firm, other mutual rights and liabilities of Partners continue, in so far as may be necessary _____________.
- to wind up the affairs of the Firm
- to complete the transaction that had begun but left unfinished at the time of dissolution
- either (a) or (b)
- both (a) and (b).
The Mode of Dissolution of Firm, under Indian Partnership Act, 1932 is______.
- illustrative
- inclusive
- exhaustive
- none of the above.
The compulsory dissolution of a firm will arise in case of __________.
- on the death of majority of partners
- on the insolvency of all partners
- in case of continuous losses
- in case of dead lock of management
On the dissolution of a Firm, every Partner or his representative is entitled to have the __________ applied in payment of the debts and liabilities of the Firm.
- business of the firm
- goodwill of the firm
- property of the firm
- assets of the firm.
On which of the following grounds all or any one of the Partner can apply to the court for Dissolution?
- Perpetual Losses
- Unsound mind of a Partner
- Misconduct
- All of these.
For Dissolution of a Firm, Partners may apply to the Court on the ground of_______.
- insanity of partner
- misconduct of partner
- perpetual losses in business
- all of the above.
Upon dissolution of Firm, the Surplus left after settlement of the debts and liabilities of the Firm shall be ______________.
- credited to the Reserve Account
- credited to the Government of India A/c
- distributed among the Partners equally
- distributed among the Partners according to their rights.
In which of the following cases, the firm is not dissolved by the order of the court?
- Just and equitable ground
- Persistent breach of agreement
- Misconduct
- Mutual agreement
On which of the following grounds, court may dissolve a firm at the suit of a partner?
- A partner willfully commits breach of agreement on regular basis.
- Where a firm constituted for a fixed term and that term is expired.
- Where a partner dies.
- When a minor is admitted in to partnership.
In case of a notice of dissolution in a Partnership at Will, where no date has been mentioned in the notice, the Firm is dissolved from ________.
- the date decided by the Registrar of Firms.
- the date as decided by the Partners.
- the date when the notice is communicated.
- the date mentioned in the notice of dissolution.
Upon dissolution of Firm, any sum contributed by Partners to make up deficiencies of Capital u/s 48, is considered as ___________.
- business of the Firm
- goodwill of the Firm
- liabilities of the Firm
- assets of the Firm.
Arun paid a premium for entering into Partnership for a fixed term. The Firm is dissolved before the expiry of such term, due to difference of opinion between Partners. Here _________.
- Arun is entitled to the return of the entire premium.
- Arun is not entitled to any return of premium.
- Arun is entitled to return of entire premium or pro-rata part thereof.
- Arun has to pay further premium.
A entered into partnership agreement with B, in which A makes an advance to the firm in addition of his capital to be contributed by him, after dissolution of firm _________.
- A is not entitled to claim interest on his advances.
- After dissolution of firm A's right is retained to his capital only not to advances.
- A will be entitled to interest till firm earn profits.
- A is entitled to claim interest till the date of dissolution.
A partner cannot demand his proportionate share of premium from other partners at the time of dissolution of firm __________.
- when there is no provision regarding return of premium in partnership deed
- by death of any partner
- mainly due to the misconduct of partner paying premium
- any of the above
After dissolution of a Firm, any Partner or his representative may restrain any other Partner or his representative from carrying on similar business in the Firm Name or by using Firm's Property for own benefit, until ___________.
- the affairs of the Firm are fully wound up.
- public notice of dissolution is given.
- dissolution deed is signed by all Partners.
- all of the above.
After dissolution, the Firm is not bound by the acts of a Partner who __________.
- was a Working Partner
- was a Sleeping Partner
- has been adjudicated insolvent.
- has transferred his interest.
The accounting rule in respect of loss arising due to insolvency of a Partner is dealt with in ________.
- Derry vs Peek
- Carlill vs Carbolic Smoke Ball Co.
- Gamer vs Murray
- Chinnaiah vs Ramaiya.
Where a Partner's Capital Account has a debit balance and he is unable to bring in necessary cash to make up the deficiency, it is called ________.
- Loss on Dissolution of Firm
- Loss on Dissolution of Partnership
- Loss arising out of piecemeal distribution of assets
- Loss arising out of Partner's insolvency.
On a dissolution of a firm the partners selling the goodwill of a firm cannot _____________.
- carry on a similar business
- compete with the business sold by the purchaser.
- represent themselves as carrying on old business.
- all of the above.
The Loss arising out of Partners insolvency shall be borne by_________ according to Garner vs Murray case.
- all the Partners equally
- solvent Partners in Capital Ratio
- all the Partners in Profit and Loss Sharing Ratio
- none of the above.
Persons who have entered into partnership with one another are collectively called ____________.
- Firm
- Co-owner
- Firm name
- Partner
Which of the following purpose is permissible in a partnership?
- Business purpose
- Social purpose
- Religious purpose
- Charitable purpose
Any change in the relations of partners due to admission, retirement or death of partner is called _______________.
- Dissolution of partnership
- Dissolution of firm
- Reconstitution of firm
- Dissolution of firm name
In which of the following case the dissolution of partnership takes place even when there is no dissolution of the firm?
- By the retirement of a partner
- By the insolvency of a partner
- By the death of a partner
- All of the above
N & Z are partners in a firm dealing in stationery. N placed order in the firm's name and on the firm's letter pad for $10$ bags of wheat to be supplied at his residence _______________.
- The firm is not liable for N's act
- The firm is liable for N's act
- A has acted within his implied authority
- A has acted within his implied authority and hence firm is liable to pay
In which of the following case the dissolution of partnership takes place even when there is no dissolution of the firm?
- By the expiry of the fixed term for which the partnership was formed
- By the completion of the adventure
- By the death of a partner
- All of the above
Who can give Public Notice of retirement of partner?
- All the partners of the reconstituted firm
- By the retiring partner or nay partner of the reconstituted firm
- Any partner of the reconstituted firm
- Retiring partner only
Where the continuing partners carry on the business of the firm, the outgoing partner whose claim is not settled.
X. is entitled to share of profits since date of cessation as partner.
Y. is not entitled to claim anything other than unsettled amount
Z. is entitled to $6%$ interest p.a. on the unsettled amount.
Select the correct answer from the options given.
- Y is correct
- Only X is correct
- Only Z is correct
- Either X or Z at his option
A, B, C are partners on death of B, A and C continue the firm's business. This is a case of ________.
- Dissolution of partnership
- Dissolution of firm
- Death of partnership
- All of the above
A firm is compulsory dissolved if ___________.
- All partners are adjudicated insolvent
- All of the partners but one, are adjudicated insolvent
- Both (A) & (B)
- Either (A) or (B)
If all partners, or all but one partner, of the firm are declared insolvent ___________.
- Firm is also declared insolvent
- Solvent partner has to repay the debts of the firm
- Firm is automatically dissolved
- Firm can be continued
In which of the following case, the Court may, at the suit of a partner, dissolve a firm?
- If a partner has become of unsound mind, the firm is dissolved on a petition made by any of the other partners or by the next friend of the insane partner
- A partner becomes permanently incapable of performing his duties as a partner
- If a partner is found guilty of conduct which is likely to affect the carrying on of business of the firm then application to Court shall be made by any partner who is not guilty of misconduct for dissolution of firm
- All of the above
A firm may be dissolve where ___________ that it shall be dissolved.
- All the partners agree
- Majority of partners agree
- Partners by majority agree
- $3/4$th partners agree
Identify which of the following statement is true and which is false.
(I) The Court may dissolve a firm if a partner conducts himself in such a way that if is not reasonably practicable for the other partners to carry on business in partnership with him.
(II) If the firm has been continuously suffering losses and it is apparent that in future also the business cannot be carried on except at a loss, the Court cannot order dissolution of the firm
Select the correct answer from the options given.
- (I)-True, (II)-False
- (I)-False, (II)-False
- (I)-False, (II)-True
- (I)-True, (II)-True
The Court may dissolve a firm if a partner _________ commits breach of agreements relating to management of the affairs of the firm or the conduct of the firm's business.
- Wilfully
- Persistently
- Neither (A) nor (B)
- Both (A) and (B)
In which of the following case, the Court may, at the suit of a partner. dissolve a firm?
- Partner wilfully and persistently commits breach of partnership agreement as management
- Partner conducts himself in such a way that it is not reasonably practicable for the other partners to carry on business in partnership with him
- The firm has been continuously suffering losses and in future also the business cannot be carried on except at a loss
- All of the above
In which of the following case, the Court may, at the suit of a partner, dissolve a firm?
- If it can be proved to the satisfaction of the court that it is just and equitable to dissolve the firm
- If a partner has become of unsound mind and any other partner or next friend of insane partner files petition for dissolution of firm
- Partner conducts himself in such a way that it is not reasonably practicable for the other partners to carry on business in partnership with him
- All of the above
Upon dissolution, the firm's assets shall be first applied in paying the debts of the firm to third parties, shall thereafter be applied in payment of partners loan, shall then be applied in payment of partners capital and still surplus remains it should used for _________.
- In paying the debts of the firm to third parties
- Payment of partners loan
- Payment of partners capital
- Distribution of surplus to partners in profit sharing ratip
In which of the following situations the firm will NOT be compulsorily dissolved?
- All partners or any one of the partners is declared insolvent
- The business of the firm become unlawful
- The partnership has various adventures & one such adventure becomes illegal
- The decision is taken by all the partners to dissolve the firm
__________ rule is applicable at the time of any partner becoming insolvent.
- Garner Vs Murray
- Derry Vs Peek
- Salmon Vs A. Salomon & Co. Ltd
- Mohiri Bibi Vs Dhamodas Ghose
Upon dissolution, the firm's assets shall be first applied in paying the debts of the firm to third parties, shall thereafter he applied in __________.
- In paying the debts of the firm to third parties
- Payment of partners loan
- Payment of partners capital
- Distribution of surplus to partners in profit sharing ratio
Firm is automatically and compulsory dissolve, if _________.
- All partners, or all but one partner, of firm are declared insolvent
- Some event happens which makes it unlawful for business of the firm to be carried on or for the partners to carry it on in partnership
- (A) or (B)
- None of the above
Which of the following is prepared only at the time of dissolution of the firm?
- Revaluation Account
- Realization Account
- Profit & Loss Adjustment Account
- All of the above
In settling the accounts of a firm after dissolution, losses, including deficiencies of capital, shall be paid _________________.
- Out of profits
- Out of capital
- By the partners individually in the proportions in which they were entitled to share profits
- First out of profits, next out of capital, and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits
Which of the following is/are disabilities of unregistered firm?
- No suit between partners and firm
- No suit by firm on a third party
- No claim of set-off
- All of the above
In which of the following case there is no bar on the right of unregistered firm or any partner of its partner?
- A suit for the dissolution of a firm
- A suit for rendering of accounts of a dissolved firm
- A suit for realization of the property of a dissolved firm
- All of the above
In which of the following case Garner Vs Murray rule is NOT applicable?
$1$. Only one partner is solvent.
$2$. All partners are insolvent.
$3$. When partnership deed provides a specific method to be followed in case of insolvency of a partner
Select the correct answer from the options given.
- $1$ only
- $1$ & $2$ only
- $3$
- $1, 2$ & $3$
A partnership may be dissolved __________________.
- On death of partner
- On completion of work or venture
- On expiry of term
- All the above
Which of the advantages of LLP states that one partner is not responsible or liable for another partners misconduct or negligence.
- Flexible agreement
- Separate legal entity
- Fewer compliance requirements
- Easy to wind-up
Identify the disadvantage of LLP.
- An LLP can be structured in such a way that one partner has more rights than another.
- An LLP is much easier and cheaper to run than a private limited company.
- The partners are free to draft the agreement as they please, with regard to their rights and duties.
- Non-compliance fines can escalate to Rs. 5 lakh for a single year.
The concept of _____ restricts the amount of money a person risks to what he invests in a business enterprise.
- Expert assistance
- Unlimited liability
- Separate legal existence
- Limited liability
An LLP has partners unlike a company which has shareholders.
- True
- False
The best way to explain limited liability is this :- 'you risk what you put in'.
- True
- False
The partnership may come to an end due to the _________.
- death of a partner
- insolvency of partner
- by giving notice
- all of the above
Whenever a new partner is added to the firm the firm is _______.
- dissolved
- continued
- not affected
- reorganized
Partnership at will can be dissolved by any partner by ________.
- communicating with the principal
- not allowed
- giving due notice to other partners
- all of the above
Change in the partnership firm mean ___________________.
- new partner is introduced
- a partner is adjudicated as an insolvent
- both a and b
- none of the above
Good will of the business of a partnership firm is the property of _________.
- partners
- partner who gave his property to firm
- partnership firm
- none of the above
A partner may apply to the court for dissolution of the firm on _____________.
- insanity of a partner
- misconduct of a partner
- perpetual losses in business
- all of the above
Which of the following are the rights of a partner in a partnership firm?
X. To take part in the conduct and management of the business.
Y. To receive remuneration for active working in the firm.
Z. To receive interest on the capital invested in the firm W. To receive share in the profit.
Which of the following is/are the correct options?
- X and Y
- X and Z
- X and W
- X, Z and W
In which of the following cases a partnership firm is re-constituted?
- Admission
- Retirement
- Death
- All of the above
S a partner in AB and Sons has transferred his interest in the firm to D. Is the transfer correct?
- No
- Yes
- D will decide
- Court will decide
The court may not dissolve the firm in case of ____________.
- insanity of a partner
- permanent in capability of a partner
- retirement of a partner
- misconduct of a partner
Which of the following cases, a partnership firm may be dissolved?
X. On the death of a partner
Y. On the insolvency of a partner
Z. On the retirement of a partner
Correct option is __________.
- X and Y
- X and Z
- Y and Z
- X, Y and Z
Whoever a new partner is added to the firm the firm is ____________.
- dissolved
- continued
- not effected
- reorganized
Where a partner cannot be clear his debts on dissolution, the other partners must clear these debts in the following manner ___________________.
- Partnership profit/loss sharing ratio
- Debts are shared equally
- In the ratio of their last agreed capital balance
- Both a & b
LLP shall have atleast ___ Partners
- 2
- 4
- 3
- 5
N and Z, the co-owners of a house, use the house as a hotel managed either by themselves or by a duly appointed manager for their common profit. Is there a partnership relation between the parties?
- Yes
- No
- Partly yes
- Can't say
Upon dissolution, which is the proper order for application of the Firm's assets?
I. Payment of Debts & Liabilities of the Firm
II. Payment of Partner's Loan
III. Payment of Partner's Capital
IV. Distribution of Surplus to Partners in their Profit Sharing Ratio.
- I, II, III, IV
- I, II, IV, III
- II, III, IV, I
- IV, II, III, I.
Where the partnership is at will, the firm may be dissolved by __________ giving notice in writing to all the other partners of his intention to dissolve the firm.
- Any partner
- Two partners
- Three partners
- Four partners
Where the partnership is at will, the firm is dissolved as from ______________________-.
- The date mentioned in the notice as the date of dissolution and if date is not mentioned in notice then such notice is void
- The date of notice whether date of dissolution is mentioned in notice or not
- The date mentioned in the notice as the date of dissolution and if no such date is mentioned, as from the date of communication of the notice
- The date when notice is actually received by all other partner
A partner can transfer his interest so as to substitute the transferee in his place as the partner, without the consent of all the other partners; a member of company cannot transfer his share to any one he likes.
- False
- True
- Partly true
- Partly false
To whom the property of the firm belongs?
- Partners
- Working partner of the firm
- Firm and not to individual partners
- Property belongs to both partners and firm
Identify which sentence is correct and which is incorrect.
A. A sub-partner can bind the firm or other partners by his acts.
B. Sub-partner has rights or duties towards the firm and does carry liability for the dents of the firm.
C. Minor partner is entitled to his agreed share
D. Minor can inspect books of account of the firm.
Select the correct answer from the options given.
- Sentence A & B are incorrect while sentence C and D are correct
- Sentence B & C are incorrect while sentence A & B are correct
- Sentence A, B & C are correct while sentence D is incorrect
- Sentence B, C & D are correct while sentence A is incorrect
Which of the following statement is incorrect as to a minor's position in a partnership firm?
- Minor is admitted to a share of partnership profits
- Minor is personally liable to contribute to the losses
- Minor is entitled to a share of the firm's property
- Minor can inspect and copy any of the firm's accounts
Upon dissolution, the firm's assets shall be first applied in paying the debts of the firm to third parties, shall thereafter be applied in payment of partners loan, shall be applied in ___________.
- In paying the debts of the firm to third parties
- Payment of partners loan
- Payment of partners capital
- Distribution of surplus to partners in profit sharing ratio
After dissolution of firm, any partner or his representative may restrain any other partner or his representative from carrying of similar business in the Firm Name or by using Firm's property for own benefit until _______________.
- The affairs of the firm are fully wound up
- Public notice of dissolution is given
- Dissolution deed is signed by all partners
- All of the above
Nitin, a partner of a firm dealing in computers gives an order for win worth Rs. $10,000$ in firm's name. Discuss the liability?
- The firm is liable to pay Rs. $10,000$
- The firm can sale the wine to other
- It does not relate to normal business of the firm. The firm will not be bound by it as act is not within implied authority of a partner
- The firm is liable to pay Rs. $10,000$ and if firm fails to pay then only Nitin will be liable to pay the amount
If at the time of admission partner pays premium then on dissolution, he is entitled to demand the return of a proportion of the premium if the partnership was for a fixed term and was dissolved before the expiry of that term, unless dissolution was caused by ___________________.
- Agreement
- Misconduct of the party seeking return of the premium
- Death of a partner
- All of the above
Which of the following are grounds for compulsory dissolution of the firm by court?
- Insanity of a partner
- Misconduct of a partner
- Perpetual losses in business
- All of these
Which of the following are the conditions needed to prove an act of a partner is an act of a partnership firm?
- Such an act be done in a ordinary course of a partnership firm
- It must be related to the business of the firm
- Act must have been done in the name and on behalf of the firm
- All of the above
Partnership at will can be dissolved by any partner by ___________.
- communicating with the principal
- not allowed
- giving due notice to that effect to all other partners
- all of the above
At the time of dissolution of partnership the main account to be looked would be __________.
- salary
- revaluation
- drawings
- realization
In a partnership firm of 5 persons. Four persons became insolvent. The firm will ___________.
- dissolve
- will look out for other partners
- will continue
- none of the above
A and B are the partners of a partnership firm X. X dissolve the property of X is ____________.
- qf A and B
- qf X
- af A and B and X
- none of the above
The Court may not dissolve the firm in case of __________.
- permanent in capability of a partner
- insanity of a partner
- misconduct of a partner
- retirement of a partenr
Which of the following is/are disadvantage of partnership firm?
- Unlimited Liability of partners.
- The duration of the partnership is always uncertain.
- The partners should be like minded, have a common objective, be large hearted, have a cool temperament should not unnecessarily cause friction and confusion among the partners.
- All of above
A partner of a trading or non trading firm signs a Negotiable instrument liability incurs in _____________.
- The name of the firm
- In the name of partner
- Both a & b
- None of the above
Which of these acts are within the implied authority?
- Settlement of accounts with third parties who deal with the Firm.
- Open a bank account on behalf of the Firm in the Partner's own name.
- Compromise or relinquish any claim or portion of claim by the Firm.
- Submit to arbitration, a dispute relating to the business of the Firm.
A Partner may be expelled from the Firm by any majority of the Partners _____________.
- in good faith
- based on the contract between Partners
- either (a) or (b)
- both (a) and (b).