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28 Cards in this Set

  • Front
  • Back
In order to be a HDC you must...
1) For Value (Past & Current)
2) In Good Faith
3) Without Notice
Demand Instruments are void after...
An unreasonable amount of time
Time Instruments are void after...
A Specific Date
The Shelter Principle Entitles you to ...
All the rights of the HDC
Major & Real Defenses against an HDC
1) Minority
2) Fraud in the Execution
3) Discharge in Bankruptcy
4) Unauthorized Signature
5) Material Alteration
Types of Franchises
1) Distributorship
2) Chain-Operations
3) Manufacturing
Federal Laws for Franchises include...
Anti-Trust Laws
A Franchise Contract includes...
1) PMT for the Franchise
2) Business Premises
3) Location of the Franchise
4) Business Organization
5) Quality Control
6) Pricing Arrangements
A franchisee pays...
1) Franchise Fee
2) Fee for Products bought from or through the Franchise
3) A % of Sales
Essential Elements of a Partnership are
1) Sharing of Profits/Losses(Prima Facie) Losses follow Profit
2) Joint Ownership
3) Equal Management Rights
Partnership in Common Law is
Not a Legal Entity its an Aggregate of Partners
According to the Uniform Partnership Act
Partnership is a Legal Entity for Some Purposes
Partnership is a Legal Entity for what purposes?
1) Capacity to be Sued & Sue
2) Judgments
3) Bankruptcy
4) Own & Convey Property
What Partnerships must be in writing?
Transfers of Real Estate
Partnership for Over a Year
Partners are...
Agents for each other and the Partnership
Incoming Partners are
Not Liable for Prior Debts of the Partnership
Limited to Capital Contributed
Formation of an LLC requires...
Articles of Organization must be filed with the State. Business name must be Included and LLC Designation
An LLC is a Member..
of Every State of which its Members are Citizens
Corporate De Jure
Substantial Compliance
Corporate De Facto
Bona Fide & Good Faith Attempt
Corporation by Estoppel
Held out as a Corporation
You can Pierce the Corporate Veil
1) Corporation Under Capitalized
2) Alter Ego(Commingling of Assets)
3) Disregard Corporate Formalities (Failure to Hold Meetings)
Common Stock Holders have Proportionate Interest to...
Control
Earnings
Net Assets
Rights of Directors
Participation
Inspection
Compensation
Indemnification
Limited Partners in Management...
Assume Personal Liability for Partnership Debt
Adoption of Bylaws occurs...
At the First Organizational Meeting
Limited Liability Partnerships (LLP)
Partners avoid Liability for the wrong doing of others
Limited Liability Limited Partnerships (LLLP)
ALL Partners Liability is Limited to the Amount of their Investment in the firm