Which of the following is an accurate statement regarding the legal identity of a partnership?

A statement is a written or in certain circumstances a video-recorded account of what happened. A statement can be used as evidence in court. Before making any statement, the officer will ask questions to find out exactly what happened.

Contacting the police to make a statement

When police are investigating a crime, they will record statements made by witnesses. If you're aware of a crime and want to make a statement, you can contact police:

  • in an emergency, by telephoning 999 - It's an emergency where a serious injury was caused or a crime is happening and the suspects are at or near the scene
  • when it isn't an emergency, by telephoning 101
  • by going to the local police station during opening hours

To find police station opening hours, go to:

  • Police Service of Northern Ireland

Information needed in your statement

When making a statement you should tell the police as much information about the offence as you can. This includes:

  • descriptions or names of anyone involved or witnesses to the crime
  • the registration number of any vehicles that were at the place when the crime happened, even if they were not involved the driver may have seen something
  • descriptions, identifying marks or serial numbers of any stolen or damaged property

Giving a written statement

If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station.

The police realise that talking about what you have witnessed can be a difficult experience. If you find making your statement distressing, you can ask for a break at any time.

Once the statement has been written, the police officer will ask you to read it to check it's accurate. You can ask the police officer to read your statement to you.

You will be asked to sign the statement to say that it is an accurate account of what you think happened. If something is not right, tell the police officer so that they can change it. It is very important to do this, even if you feel nervous about doing it, as it could affect the investigation.

Sometimes the police may need to speak to you more than once, for example, if they need to check information.

Giving a video recorded statement

In some cases, if the police believe you to be ‘vulnerable’ or ‘intimidated’ as defined by law, you can make a video recorded statement instead of a written statement.

Video recording is mostly used if you are under the age of 17 (soon to be 18) or are the victim in a sensitive case, for example a sex crime. You will usually be asked to go to a specially equipped video suite, which is situated in certain police stations. In some cases the police may bring recording equipment to your home or other venue that you have agreed.

The police officer who is carrying out the interview will explain how it’s done before the recording begins. If you are a young person making a video recorded statement, a supporter will be with you during the interview.

The police officer will not discuss the evidence that you are going to give before the interview is recorded. This is to make sure that you give the most accurate description of what you saw or know.

  • Victims and witnesses
  • Going to court

Answer the following questions and then press 'Submit' to get your score.

Question 1

Regarding sole proprietorships, which one of the following statements is NOT true?

a) If the sole proprietor is a professional, then he will be known as a sole practitioner.

b) Sole proprietors are personally liable for the sole proprietorship's debts.

c) Sole proprietors own all the assets of the business and are entitled to all the profits that the business generates.

d) Sole proprietorships are subject to the same limitations as companies regarding the naming of the business.

e) Sole proprietors are not permitted to take on employees.

f) Sole proprietorships are not legal persons.

g) Sole proprietors are self-employed.

Question 2

A partnership agreement must be in writing. True of False?

a) True

b) False

Question 3

A partnership can consist of both natural and legal persons. True or False?

a) True

b) False

Question 4

Identify which one of the following statements is NOT true?

a) A partnership only comes into existence once it starts trading.

b) A partnership created for a one-off transaction will cease after that transaction is complete.

c) Partnerships cannot be formed for altruistic or benevolent purposes.

d) A person can be a partner even if he does not share in the profits of the partnership.

Question 5

There exists a special form of partnership called a limited partnership. Which one of the following statements concerning limited partnerships is NOT true?

a) Limited partners do not have power to bind the firm.

b) A limited partnership must have at least one general partner.

c) Limited partnerships are formed by registering documents with the Registrar of Companies.

d) Limited partners have limited liability while taking part in the management of the firm.

Question 6

It is a prudent step to have in place, before the partnership begins trading, a written partnership agreement setting out the rights and obligations of the partner. Bearing this in mind, which one of the following statements is NOT true?

a) If a written partnership agreement exists, the implied terms contained in the Partnership Act 1890 will not form part of the partnership agreement.

b) If a written partnership agreement does not exist, then the terms implied by the Partnership Act 1890 will form terms of the partnership agreement.

c) If a written partnership agreement exists, the terms implied by the Partnership Act 1890 will still form part of the agreement, except where they are inconsistent with the agreement.

Question 7

Which one of the following is NOT a term implied by the Partnership Act 1890?

a) All the partners are entitled to an equal share in the firm's profits.

b) Every partner has the right to inspect and take a copy of the firm's books.

c) The majority cannot expel a partner, unless a power to do so has been conferred by express agreement between the partners.

d) No person may be introduced as a partner without the consent of all of the other partners.

e) Every partner may take part in the management of the firm.

f) All the partners are entitled to be fairly remunerated for their management of the firm.

g) Every partner is entitled to be indemnified for payments made and liabilities incurred whilst engaged in the ordinary and proper conduct of the business of the firm.

Question 8

Partnership agreements constitute a contract of utmost good faith and, accordingly, the Partnership Act 1890 imposes a number of fiduciary duties upon the partners. Regarding such duties, which ONE of the following statements is NOT true?

a) The partners are under a duty to account for any profits made whilst competing with the firm.

b) If a partner makes a profit using information gained from inside the firm, but uses that information in a venture that is outside the firm, he may keep that profit.

c) The duty to render accounts will only be breached if the partner acts in a negligent or fraudulent manner.

d) The partners are under a duty to account to the firm for any benefit derived from a transaction concerning the partnership, of which the other partners are unaware.

e) A partner who makes a profit competing with the firm may keep that profit if he has disclosed his competing business to the other partners.

Question 9

Regarding 'partnership property,' which one of the following statements is NOT true?

a) The change in value of partnership property belongs to the partnership.

b) Partnership property is available to the partnership's creditors upon the partnership's insolvency.

c) Partnership property can be used for whatever lawful purposes a partners deems fit.

d) Upon dissolution of the partnership, partners can insist on the sale of partnership property and are entitled to the proceeds of sale.

Question 10

Upon dissolution, once the losses of the partnership have been paid, the remaining assets must be applied in a set order. What should these assets be used to pay first?

a) Outside creditors.

b) The costs of dissolution.

c) Repay any loans made by partners to the firm.

d) Repaying the partners for any capital contributions that they made.

 

Which of the following is the correct definition for a partnership?

A partnership is the relationship between two or more people to do trade or business. Each person contributes money, property, labor or skill, and shares in the profits and losses of the business.

Which of the following is true about the liability of partners in a general partnership?

C. Correct. In general, partners in a partnership would be responsible for the firm's liability by their personal assets as well.
A general partnership must satisfy the following conditions: The partnership must minimally include two people. All partners must agree to any liability that their partnership may incur. The partnership should ideally be memorialized in a formal written partnership agreement, though oral agreements are valid.

Which of the following is correct regarding the management of a general partnership?

Answer and Explanation: The correct answer is B. Each partner has unlimited liability for the partnership debts. The debts must be paid by the partnership, and the partners are personally liable for debts.