AICPA Exam CPA-Business Topic 2 Question 1 Discussion

Actual exam question for AICPA's CPA-Business exam

Question #: 1
Topic #: 2

Park and Graham entered into a written partnership agreement to operate a retail store. Their agreement was silent as to the duration of the partnership. Park wishes to dissociate from the partnership. Which of the following statements is correct?

APark may dissociate from the partnership at any time.

BUnless Graham consents to the dissociation, Park must apply to a court and obtain a decree ordering the dissociation.

CPark may not dissociate from the partnership unless Graham consents.

DPark may dissociate from the partnership only after notice of the proposed dissolution is given to all partnership creditors.

Show Suggested Answer

Suggested Answer: A

Choice "a" is correct. Because the agreement is silent as to duration, it is a partnership at will. A partner may dissociate from a partnership at will at any time.

Choice "b" is incorrect. Because the agreement is silent as to duration, it is a partnership at will. A partner may dissociate from a partnership at will at any time. No court order is required.

Choice "c" is incorrect. Partnerships are consensual relationships, so any partner has the power to dissociate at any time; he or she need not obtain the consent of the other partners (though absent consent, the partner will be liable for damages if the dissociation is wrongful).

Choice "d" is incorrect. There is no requirement of giving partnership creditors a formal notice of intent to dissociate, but it is a good idea to do so to avoid liability on future partnership obligations.

by Glenn at May 07, 2022, 02:53 AM

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