Exam 3 Review True/False Questions – Flashcards

Unlock all answers in this set

Unlock answers
question
A sole proprietor does not own the entire business.
answer
False
question
In choosing a form of business organization for a new enterprise, important factors include the ability to raise capital.
answer
True
question
The franchise is not strictly speaking a business organizational form.
answer
True
question
A sole proprietor is free to make any decision he or she wishes concerning the business.
answer
True
question
Any lawsuit against the business or its employees does not lead to unlimited personal liability for the owner of a sole proprietorship.
answer
False
question
A franchisee is generally legally independent of the franchisor
answer
True
question
A franchisee is generally economically independent of the franchisor's integrated business system
answer
False
question
In a manufacturing arrangement, a franchisor transmits to a franchisee the essential ingredients or formula to make a particular product
answer
True
question
The laws governing franchising are primarily designed to protect franchisors from dishonest franchisees
answer
False
question
No state requires franchisors to provide pre-sale disclosures to prospective franchisees.
answer
False
question
Some states require that a franchisor submit advertising aimed at prospective franchisees to the state for approval
answer
True
question
Some state require the termination of a franchise when there is no "good cause" for it to continue
answer
False
question
If a franchisee is induced to enter into a franchise contract by the franchisor's fraudulent misrepresentation, the franchisor may be liable for damages
answer
True
question
A franchisee ordinarily does not pay a fee for a franchise license (the privilege of being granted a franchise)
answer
False
question
The franchisor may require that the business use a particular organizational form and capital structure
answer
True
question
The franchise agreement is not likely to set out standards such as sales quotas and record-keeping requirements
answer
False
question
The duration of a franchise is a matter determined by federal or state statutes
answer
False
question
A franchisor can suggest retail prices for the goods that a franchisee sells but cannot mandate them
answer
True
question
When a franchise agreement contains a notice-and-cure provision, a franchisee's breach of duty of honesty and fidelity is not enough to allow the franchisor to terminate the franchise
answer
False
question
If a franchisor's decision to terminate a franchise is made in the normal course of business and reasonable notice is given, it is less likely that the termination will be considered wrongful
answer
True
question
No partner is deemed to be an agent of the other partners and of the partnership
answer
False
question
A majority of the states treat a partnership as an entity for most purposes
answer
True
question
The intent to associate is a key element of a partnership
answer
True
question
One can join a partnership even if all other partners do not consent
answer
False
question
The partnership is pass-through entity and a taxpaying entity
answer
False
question
If no fixed duration of the partnership is specified, the partnership is a partnership in perpetuity, which means that the partnership cannot be dissolved
answer
False
question
The majority rule controls decisions that significantly affect the nature of the partnership or that are outside the ordinary course of the partnership business
answer
False
question
Devoting time, energy, and skill to partnership business is a partner's duty and is not a compensable service
answer
True
question
Every act of the partner concerning partnerships business and "business of the kind" and every contract signed in the partnership's name bind the partner, but not the firm
answer
False
question
A partner may pursue his or her own interests without automatically violating the partner's fiduciary duties to the partnership and the other partners
answer
True
question
Limits on a partner's authority normally are effective only with respect to third parties who are notified of the limitation
answer
True
question
Dissociation normally entitles the partner to buy his of her interest from the partnership
answer
False
question
On a partner's dissociation, the partner's duty of loyalty ends
answer
True
question
After a partner dissociates from a continuing partnership, the partnership is no longer bound by the acts of the dissociated partner, even on a theory of apparent authority
answer
False
question
On dissolution, the creditors of the partnership, but not the creditors of the individual partners, can make claims on the partnerships's assets
answer
False
question
A limited liability partnership may exempt its partners from personal liability for any partnership obligation
answer
True
question
In a limited partnership, a limited partner has full responsibility for the partnership and for all its debts
answer
False
question
In a limited partnership, a general partner's dissociation from the firm normally will lead to dissolution unless all partners agree to continue the business.
answer
True
question
A limited partnership cannot be dissolved by court decree
answer
False
question
A limited liability limited partnership is a type of limited partnership
answer
True
question
The corporation is a creature of the common law
answer
False
question
One of the key advantages of the corporate form is the unlimited liability of its owners
answer
False
question
The state can suspend the entity's corporate status until the taxes are paid or even dissolve the corporation for failing to pay taxes
answer
True
question
When a corporation earns profits, it must pass them on the shareholders in the form of dividends
answer
False
question
A publicity held corporation is any corporation whose shares are publicly trades in a securities market
answer
True
question
If a corporation has S corporation status, it can avoid the imposition of income taxes at the corporate level
answer
True
question
The articles of incorporation serve as a primary source of authority for the corporation's future organization and business functions
answer
True
question
The registered agent is the person who can receive legal punishment and behalf of the corporation
answer
False
question
A corporation has perpetual existence unless the articles of incorporation state otherwise
answer
True
question
A court will pierce the corporate veil of a corporation that is formed to evade an existing legal obligation
answer
True
question
Voting rights in a corporation apply only to the election of the firm's board of directors
answer
False
question
Normally, a corporate board of directors appoints itself as the first board at the time the corporation is created
answer
False
question
The board of directors normally can remove a corporate officer at any time with or without cause
answer
True
question
A director or officer is liable to the corporation or its shareholders for honest mistakes of judgement and bad business decisions
answer
False
question
Shareholders own the corporation, and they have legal title to corporate property
answer
False
question
Shareholders have the power to vote to elect or remove members of the board of directors
answer
True
Get an explanation on any task
Get unstuck with the help of our AI assistant in seconds
New