ACCA Applied Skills · Corporate and Business Law (Global) · Corporations and legal personality
Amara and Bruno run a bakery together and have not registered any separate legal entity. They simply share profits equally under an informal agreement. A supplier is owed 40,000 by the bakery business. Which statement best describes the position?
Amara and Bruno are general partners because they carry on business together to share profits. A general partnership has no separate legal personality, so the partners are personally liable for the business's debts, including the supplier's claim, not just the business assets.
- AThe supplier can only claim against the business assets because the bakery has separate legal personality
- BAmara and Bruno are in partnership and are personally liable for the business debtsCorrect
- COnly the partner who placed the order is liable for the debt
- DThe supplier must first sue a company that is deemed to exist after one year of trading
Explanation
Two people carrying on a business together with a view to profit are in a partnership, even without a written agreement. A general partnership has no separate legal personality, so partners are personally liable for its debts. The option limiting claims to business assets wrongly gives the bakery a separate legal personality.
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