- 15 Marks
BMIS – L1 – QA2 – Business and Organisational Structure
Identify three business entity types and differentiate their characteristics.
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- 20 Marks
BCL – L1 – Q59 – Alternative forms and constitutions of business organisations
Advise Ama, Dela, John, and Mr. Addo on forming a consultancy partnership, considering capital contributions and partner eligibility.
Question
Ama, Dela, and John were classmates from ICAG 2014 batch of graduates. They intend to form a consultancy firm/partnership in the future by pooling resources together. Ama’s 2005 Toyota Siena estimated at GH¢40,000 will be her initial capital contribution towards the formation of the partnership. However, the car is currently registered in the name of her father, Mr. Addo, a 59-year-old Chief Accountant for Zenith Energy Limited, who desires to be part of the daughter’s business upon retirement and will not let go of title to the car without any benefit. Dela and John, who are contributing GH¢30,000 each of the initial capital, are opposed to any ‘old-school’ accountant being part of their partnership.
You are the most-rated business law student. Advise the parties.
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- 20 Marks
BCL – L1 – Q57 – Alternative forms and constitutions of business organisations
Explain key characteristics, advantages, and disadvantages of a sole trader.
Question
(a). Explain the key characteristics of being a sole trader. What advantages and disadvantages do they give?
(bi). Section 3 of Incorporated Private Partnerships Act, 1962 (Act 152) states that ‘Partnership means the association of two or more individuals carrying on business jointly for the purpose of making profits’. Suppose you had set up an unregistered business for buying and selling second-hand vehicles with two friends, and you decided to call it Triad Car Dealers, determine the following:
(i) Whether there can be a valid partnership with your two friends if you own 85% of the total assets of the business?
(ii) Who makes the decisions which affect the nature and running of the business?
(iii) Describe the liability of various partners for partnership debts.
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- 10 Marks
BCL – L1 – Q54 – Alternative forms and constitutions of business organisations
Explain if Kofi Amo and Mrs. Mensah remain partners after their retirement letters.
Question
By a letter dated 18th February 2014, addressed to the Manager of their partnership firm, Kofi Amo informed the Management of his and Mrs. Mensah’s immediate retirement as partners. The Manager replied that their application was under consideration. However, by another letter dated 12th January, 2015, Mr. Kofi Amo and Mrs. Mensah withdrew their letter dated 18th February 2014. The conduct of the remaining partners, however, showed that they considered the letter of 18th February 2014 to be of no effect, and continued the partnership accordingly. A dispute later arose and James, one of the partners, obtained an order of the High Court directing Mr. Kofi Amo and Mrs. Mensah to submit themselves to arbitration in accordance with the partnership agreement. The arbitrator submitted to the court that by their letter dated 18th February 2014, Mr. Kofi Amo and Mrs. Mensah ceased as from that date to be partners as the said letter could not be recalled.
Required:
Explain whether by the provisions of the Incorporated Private Partnership Act, 1962 (Act 152), Mr. Kofi Amo and Mrs. Mensah, remain partners in the firm after their letters of 18th February 2014 and 12th January 2015.
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- 10 Marks
BCL – L1 – Q50 – Alternative forms and constitutions of business organisations
Advise why a firm should bear the cost of a partner's expense for a company car tyre.
Question
Kweku is a partner of an Accounting Firm. The firm’s office is in Kumasi. In May 2019, Kweku was assigned an approved accounting duty outside Kumasi with the use of the Firm’s car. During the journey the car had a burst tyre. The driver of the car for unexplained reasons had no spare tyre on the car. He, therefore, recommended the purchase of a brand-new tyre which Kweku did with his personal money. He obtained a receipt in the name of the Firm. Kweku sought for refund of his money amounting to GH₵1,280 for the tyres bought. The Managing Partner refused the refund saying it was the sole responsibility for Kweku to bear the expenditure.
Required:
(a) Advise the Manager as to why the Firm should bear the full or part of the cost and not only Kweku.
(b) Advise Kweku why it is not the sole responsibility of the firm to bear the cost.
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