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