Chapter 14 Environment of Business
A Corporate Name
-is an asset and an aspect of goodwill -should typically include one of the following words or end with an abbreviation of them: corporation, company, Inc., or limited
Nonprofit organizations
1- are not created for the personal benefit of owners or members 2- must return any profits made to the organization to be used for future corporations
Identify the disadvantages of the corporate form of organization
1- franchise taxes and license fees are assessed against corporations 2- corporations are subject to more governmental regulation at all levels than are other forms of business 3- The cost of forming and maintaining a corporation is significant
Identify the true statement about a limited liability company
1- it's owners have more flexibility than those of an S corporation 2- it is created their filings like those used when creating a perforation
Techniques used by corporations to avoid the double taxation of corporate income include
1- providing expense accounts for employees to purchase travel, food, and entertainment 2- electing to file under sub chapter as of the Internal Revenue Code 3- excluding interest bearing loans from shareholders from the corporations capital structure
Disadvantages of partnership as a form of business organization
1-only a limited number of people can be partners for practical reasons 2-A partnership is dissolved anytime a partner Caesars to be a partner, regardless of whether the reason is with drawl or death
Any change in the ownership of an organization that changes the legal existence of the organization is known
A dissolution
Articles of partnership
A formal agreement explicitly stated among the parties entering into a partnership and drafted into a formal document
An agent appointed by shareholder for the purpose of voting the shares in a publicly held corporation is known as
A proxy
Many individuals prefer the corporate form of organization is because
Control may be held by those with the minority of the investment
As a form of business corporation may not be always beneficial because
Corporate income may be subject to double taxation
In the context of the different forms of business organizations, an artificial, intangible entity created under the authority of a state law is known as
Corporation
A partnership is a preferable form of business organization because
Costs of formation or not significant
In the context of the significant factors one should consider when selecting the best organizational form for a business activity, _________ refers to the legal steps necessary to form a particular business organization
Creation
A limited partner in a limited partnership retains the benefit of limited personal liability when he or she
Disapproves an amendment to the partnership certificate
Partnerships limited partnerships or corporations can be shareholders an S corporation
False
True or false a dissolution destroys the business of a partnership
False
True or false: simply alleging that a person is a sole owner of a corporation that that is engaged in wrongful activity will result in a piercing of the corporate veil
False
A feature of the partners in a general partnership is that they
Have unlimited liability for their organizations debts
A characteristic of a soul proprietor is that he or she is
In total control of his or her business's goals
A corporation is created by a state issuing a charter upon the application of individuals known as
Incorporators
A characteristic of sole proprietorship is that it
Is the easiest business organization to create
Implied authority
It arises from a position of authority how about an agent in by the history of actual authority situations
A feature of a partnership is that
It is easily formed when compared to other forms of business organizations with the exception of a sole proprietorship
Identify a true statement about a derivative suit brought by minority shareholder in a closely held corporation
It may seek to collect damages for the corporation
Termination can involve
Liquidating or winding up of a business
Apparent authority
May arise in a situation where principal terminates in agents authority but fails to inform third parties about the termination
An agreement between two or more persons to share a common interest in a commercial endeavor and to share profits and losses
Partnership
The members of the board of directors of a corporation are elected by the
Shareholders
Identify a true statement about the three interacting parties involved in the application of agency law
The actions undertaken by agents implicate contract or criminal law
Respondeat superior
The legal doctrine that states that any time in employee is liable for tortious acts in the scope of employment the employer is also liable
Dissolution can mean
The legal form of an organization does not exist anymore
When an individual is selecting the best organizational form for his or her business he or she should consider
The taxation of the organization's earnings
When a corporation is dissolved in his assets are distributed as capital gains to shareholders
This can lead to double taxation on corporate income
true or false, The limited partners have no right to participate in management
True
Ratification
Who is with the principal voluntarily decided to honor in agreement which otherwise would not be binding due to an agent lack of authority
Actual authority
is the express and implied powers of an agent.