Quiz On Dissolution and Winding Up Name: Section: Date: Score

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

BM1905

QUIZ ON DISSOLUTION AND WINDING UP

NAME: SECTION: DATE: SCORE:

QUESTIONS:
1. A and B formed a partnership to exploit a fishpond and thereafter to divide it between them into two (2)
equal parts. Succeeding events reveal the intent of both parties to terminate the partnership by refusing
to share the fishpond with the other – in direct violation of the undertaking for which they have
established their partnership – which resolution they articulated in letter to each other. Should the
partnership be considered dissolved? Explain.

Answer:

2. A withdrew as a partner from partnership X. It was the intention and understanding of the parties that
A was relinquishing all his rights and interests in the partnership upon the return of all his investment,
subject to the condition that A was to be repaid within three (3) days from the date the settlement was
agreed upon. This condition was fulfilled when on the following day, A was reimbursed the amount due
him under the agreement. Is A entitled to profits of the partnership at the time of dissolution? Explain.

Answer:

3. When a partnership for a fixed term or particular undertakings continued after the termination of such
term or particular undertaking without any express agreement, what shall govern the rights and duties
of the partners?
a. The rights and duties of the partners remain the same as they were at such termination, so far as
they are consistent with a partnership at will.
b. The partnership shall be liquidated because there is dissolution of the partnership.
c. The partnership shall not be continued.
d. The partnership shall be governed by the rules on co-ownership.
Answer:

03 Quiz 1 *Property of STI


Page 1 of 2
BM1905

4. Which of the following is NOT an instance wherein a general partnership may be dissolved by a decree
of court upon application by a partner, or also known as non-automatic causes of dissolution?
a. The business of the partnership can be carried only at a loss.
b. A partner willfully or persistently commits a breach of the partnership contracts.
c. Death of any partner.
d. Other circumstances that render a dissolution equitable.
Answer:

5. Who shall have the right or authority to liquidate or wind up the partnership affairs?
a. The liquidating partner agreed upon by the partners
b. The partners who have not wrongfully dissolved the partnership
c. The legal representative of the last surviving partner, not insolvent
d. Any of the above
Answer:

6. Indicate the property order on priority of claims against the separate property of a debtor who is
insolvent or whose estate is insolvent.
I. Those owing to separate creditors
II. Those owing to partnership creditors
III. Those owing to partners by way of contribution
a. I – II – III
b. II – I – III
c. III – II – I
d. I – III – II
Answer:

7. When may a partner, his legal representative, or assignee ask for liquidation or winding up of
partnership affairs by the court?
a. When there is no agreement as to who shall wind up the partnership affairs
b. When there is no violation of articles of co-partnership
c. When said partner violated the articles of co-partnership
d. When said partner or legal representative or assignee shows valid cause for liquidation
Answer:

Rubric for grading essay:


CRITERIA PERFORMANCE INDICATORS POINTS
Content Provided pieces of evidence, supporting details, 7
and factual scenarios
Organization of Expressed the points in clear and logical 3
ideas arrangement of ideas in the paragraph
TOTAL 10

For multiple choice questions: 5 items x 2 points

03 Quiz 1 *Property of STI


Page 2 of 2

You might also like