Business Law And Taxation Cpa Reviewer Pdfescape

This exam covers general legal knowledge relating to the business environment, a basic knowledge of the law of contracts, and an understanding of the responsibilities. Business Law And Taxation Cpa Reviewer. They are usually full- time professors and part- time professorial lecturers in law schools and universities.

Question 1: Which of the following is a correct statement concerning a partner’s power to bind the partnership? • A partner has no authority to bind the partnership after dissolution. • A partner cannot bind the partnership based upon apparent authority when the other party to the contract knows that the partner lacks actual authority. • A partner has no authority in carrying on the regular business of the partnership to convey real property held in the partnership name.

• A partner, acting outside the scope of the partner’s apparent authority, but with the express authority to act, cannot bind the partnership unless the third party knows of the express authority. The correct answer is: B.

This answer is correct because when the third party knows that the partner with whom he deals lacks actual authority, there can be no apparent authority. With such knowledge, the third party can no longer reasonably believe that the partner has authority to represent the partnership. Question 2: Cobb, Inc., a partner in TLC Partnership, assigns its partnership interest to Bean, who is not made a partner. After the assignment, Bean asserts the rights to • Participate in the management of TLC • Cobb’s share of TLC’s partnership profits. Bean is correct as to which of these rights? • I and II • Neither I nor II.

The correct answer is: B. Calvino Les Villes Invisibles Pdfescape on this page. A partnership is like a marriage, in that partners do not have to be partners with anyone unless they want to be. A new partner cannot be added to a partnership without the unanimous consent of the existing partners. Unless someone getting an assignment is made a partner, (s)he will not have any management rights. The right to a share of profits, however, may be assigned.

It is the only thing that is owned by each individual partner, and not collectively. Bean may receive Cobb’s share of the partnership profits. Question 3: Holly Corp.

Engage Yost & Co., CPAs, to audit the financial statements to be included in a registration statement Holly is required to file under the provisions of the Securities Act of 1933. Yost failed to exercise due diligence and did not discover the omission of a fact material to the statements. A purchaser of Holly’s securities may recover from Yost under Section 11 of the Securities Act of 1933 only if the purchaser • Brings a civil action within one year of the discovery of the omission and within three years of the offering date. • Proves that the registration statement was relied on to make the purchase. • Proves that Yost was negligent.

• Establishes privity of contract with Yost. The correct answer is: A. These are the relevant time limits. A plaintiff may not bring a claim forever, but must act within these time restraints. Question 5: When do title and risk of loss for conforming goods pass to the buyer under a shipment contract covered by the Sales Article of the UCC?

• When the goods are identified and designated for shipment. • When the goods are given to a common carrier. • When the goods arrive at their destination.

• When the goods are tendered to the buyer at their destination. The correct answer is: B. When there is a shipment contract, the obligation of the seller is to place the goods in the hands of a carrier to be delivered to the seller. The risk of loss passes (FOB place of shipment) when the goods are delivered to the carrier.

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This exam covers general legal knowledge relating to the business environment, a basic knowledge of the law of contracts, and an understanding of the responsibilities and risks that arise in business, with particular regard to the law relating to corporate entities. Sources of law 1.1 Identify the sources of different types of law 1.2 Identify the features of the different legal systems 1.2.1 Common law 1.2.2 Civil law 1.2.3 Sharia law 2. Common law and legislation: precedent and stare decisis and statutory interpretation 2.1 Identify how common law and relevant legislation are applied 2.2 Analyse and explain legal cases and principles in setting precedents 2.3 Specify how legal cases and principles set precedents 2.4 Identify how to deal with the doctrine of stare decisis (legal precedent) 2.5 Specify the rules and models for statutory interpretation 3. Legal framework 3.1 Describe the legal framework of statute law (legislation) and common law 3.2 Explain the heirarchy of the court system 3.3 Explain how different types of disputes are handled by the court system 3.4 Identify and explain different methods of alternative dispute resolution 4.

Fundamental aspects of contracts and contract law 4.1 Describe the fundamental features and essential requirements (terms) of contracts. 4.2 Describe the law of contract 4.3 Describe the necessary elements in the formulation of a contract 4.4 Explain the importance of conditions and essential terms of contracts 4.5 Identify the nature and status of pre-contract representations 4.6 Explain the effect of valid exclusion clauses 5. Breaches of contract law 5.1 Recognise the different types of breach of contract and their effects 5.2 Specify relevant and available remedies for breach of contract 5.2.1 Damages 5.2.2 Specific performance 6. Specialised commercial contracts 6.1 Identify the characteristics of commercial contracts used in international trade 6.1.1 International sales of goods 6.1.2 International transportation of goods 7. Torts 7.1 Explain that the law of torts concerns a civil wrong which may mean a civil action for compensation arises 7.2 Explain the tort of negligence 7.3 Explain that tort law provides legal remedies for losses damages caused by negligence 7.4 Explain that negligence means failure to exercise reasonable care 7.5 Explain consumer protection law and negligence 8.

Trusts 8.1 Define a trust and identify common purposes for the establishment of a trust 8.2 Identify the parties to a trust and describe their role 8.3 Describe the legal requirements in relation to trust 9. The law of agency theory 9.1 Explain that agency is the relationship between principal and agent 9.2 Explain how agency theory underlies the principles of corporate governance 9.3 Explain that partnership is an agency relationship 9.4 Explain the application of agency theory to companies 10.

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Adviser, Trusts & Estates, The Accounting Historians Journal, Tax Notes, Taxes--The Tax Magazine. Pecora, CPA - Insero & Co. Pecora, CPA, Esq. Gift and Estate Tax Return Preparation and Review Estate and Business Succession Planning for High Net-Worth Individuals He practiced law for six years concentrating in estate and trust administration and Download vCard Download PDF; Phone: 585-697-9612; Fax: 585-454-4024.

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