Introduction to Partnership Flashcards
What are the characteristics of a partnership?
Mutual Agency, Unlimited Liability, Limited Life, Mutual Participation in Profits, Legal Entity, Co-ownership of Contributed Assets, and Income Taxes.
Characteristic of a partnership which states that any partner may act as an agent of the partnership in conducting its affairs.
Mutual Agency
Characteristic of a partnership which states that the personal assets of any partner may be used to satisfy the creditors’ equities of the partnership.
Unlimited Liability
Characteristic of a partnership which states that a partnership may be dissolved at any time by action of the partners or operation of law.
Limited Life
Characteristic of a partnership which states that a partner has the right to share in profits.
Mutual Participation in Profits
Characteristic of a partnership which states that a partnership has a legal personality separate and distinct from that each of the partners.
Legal Entity
Characteristic of a partnership which states that properties contributed to the partnership are owned by the partnership by virtue of its separate legal entity.
Co-ownership of Contributed Assets
Characteristic of a partnership which states that partnerships are subject to income taxes of 30% of taxable income.
Income Taxes
Distinctions of a partnership from a corporation.
Manner of Creation, Number of Persons, Commencement of Juridicial Personality, Management, Extent of Liability, Right of Succession, and Terms of Existence
What is the difference between a partnership and corporation in terms of manner of creation?
A partnership is created by a mere agreement while a corporation is created by operation of law.
What is the difference between a partnership and corporation in terms of number of persons?
Two or more persons may form a partnership; in a corporation, at least five persons, not exceeding fifteen.
What is the difference between a partnership and corporation in terms of commencement of juridical personality?
In a partnership, juridical personality commences from the execution of the articles in the partnership; in a corporation, from the issuance of certificate of incorporation by the Securities and Exchange Commission.
What is the difference between a partnership and corporation in terms of management?
In a partnership, every partner is an agent of the partnership if the partners didn’t appoint a managing partner; in a corporation, management is vested on the Board of Directors.
What is the difference between a partnership and corporation in terms of extent of liability.
In a partnership, each of the partners is liable to the extent of his personal assets; in a corporation, stockholders are liable only to the extent of their interest or investment in the corporation.
What is the difference between a partnership and corporation in terms of right of succession?
In a partnership, there is no right of succession; in a corporation, there is right of succession.
What is the difference between a partnership and corporation in terms of terms of existence?
In a partnership, for any period of time stipulated by the partners; in a corporation, not to exceed fifty years but subject to extension.
What are the kinds of partnership as to activity?
Trading Partnership and Non-trading Partnership
What are the kinds of partnership as to object?
Universal Partnership and Particular Partnership
What are the types of universal partnership?
Universal Partnership of All Present Property and Universal Partnership of All Profit