Tag: dissolution of firm
Questions Related to dissolution of firm
In case of partnership at will, the firm may be dissolved if any ______ of the partners give a notice in writing to the other partners, signifying his intention of seeking dissolution of the firm.
-
One
-
Two
-
All
-
Some
Dissolution of a partnership firm may take place without the intervention of court or by the order of a court, in any of the ways specified. It may be noted that dissolution of the firm necessarily brings in dissolution of the partnership.
In dissolution of partnership, _________ account is created, whereas _________ account is prepared in dissolution of firm.
-
Revaluation, Realization
-
Realization, Revaluation
-
Revaluation, Memorandum
-
Memorandum, Realization
If a partner is retiring or any new partner is admitted, its called dissolution of partnership. In such situation all the assets and liabilities are revalued for which a revaluation account is opened. The differences of the original value and revalued amount are transferred to Revaluation Account. Surplus or deficit on revaluation is transferred to the partners capital account.
A partnership comes to an end due to ________.
-
Insolvency of all partners
-
Death of a partner
-
By notice dissolution given by a partner
-
All of the above
Partnership are come to end various reasons such as partners are insolvent , firm suffer loss from a long time and end of partnership deed then also partnership come to end
In dissolution of partnership, business ________ whereas in dissolution of firm, the business is ________.
-
Closes, Continued
-
Partly closes, Continued
-
Continues, Closed
-
Continues, Partly closed
According to Section 39 of the partnership act 1932, the dissolution of partnership between all the partners of a firm is called dissolution of the firm.
Dissolution of the partnership is _________ in nature, as it is dissolved by mutual agreement. Conversely, a firm is dissolved either ________________.
-
Voluntary, Voluntarily or Temporarily
-
Temporary, Voluntarily or Compulsorily
-
Voluntary, Voluntarily or Compulsorily
-
Unchanged, Voluntarily or Compulsorily
A partnership gets terminated in case of admission, retirement, death etc. of a partner. This does not necessarily involve dissolution of firm.
Under section $44$ of the Partnership Act, which of these cannot be a ground for dissolution of a firm.
-
Continued losses
-
Persistent breach of agreement
-
Just and Equitable
-
Insolvency of any partner
According to Section 44, continued losses, willfully or persistent breach of contract and any other reason that court may find just and equitable can be ground for dissolution of firm.
Under section 41 of Indian Partnership Act, insolvency becomes basis of dissolution of firm in case all the partners become insolvent or all except one partner become insolvent. Insolvency of one partner does not become ground for dissolution of firm.
On sale of the goodwill after dissolution which of the following rights are available to the seller of the goodwill?
-
To advertise his business
-
To use his firms name
-
To represent himself as carrying on the business of the firm
-
To solicit customer from those dealing with the firm
When the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and seller has the right to advertise his business. But he can not use the firm name and represent himself as carrying on the business of the firm because it may mislead the customer. And also seller can not solicit customer.
Which of these can be treated as just and equitable ground for dissolution of a partnership firm under the Partnership Act?
-
Loss of mutual confidence
-
Dead lock amongst the partners
-
Both
-
None of these
Partnership completely depends on trust and good faith. Partnership can not continue without trust. Dead lock situation is that situation in which no agreement can be made because no party is willing to give in and a partnership is a contractual agreement. If no contract can be made no partnership can be made. So these are treated as just and equitable ground for dissolution.
Does insolvency of a partner always result in dissolution of a firm?
-
Yes
-
Not at all
-
Not if partnership deed does not so provide
-
Not if exemption sought from registrar of firms
Partnership Deed contain all the conditions and legalities of partnership. It provide a guiding base for all future activities. So if partnership deed provides that insolvency of partner does not result in dissolution of firm then it will only be dissolution of partnership not the dissolution of partnership firm. Remaining partner can continue its operations.
A partnership firm can be dissolved except by __________.
-
By mutual consent
-
By agreement
-
By court notice
-
By public auction
A public auction is an auction held on behalf of a government in which the property to be auctioned is owned by government. But in case of partnership, partnership firm is not owned by government. A partnership firm can be dissolved by mutual consent, by agreement, by court notice.