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Many states have eased filing requirements to create an LLC from requiring extensive amounts of information to now requiring minimal information similar to that required in a corporate filing.

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LLCs are frequently governed by agreement of the parties called an LLC agreement or _______.

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An LLC:


A) offers principals the same liability coverage as principals in corporations with taxation at the business entity level.
B) offers principals the same liability coverage as principals in corporations with pass through taxation.
C) offers principals the same liability coverage as general partners in a partnership with taxation at the business entity level.
D) offers principals the same liability coverage as limited partners in a partnership with pass through taxation

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B

LLPs were created to:


A) limit taxation burdens existing in LLCs.
B) ease the costs and filing requirements present with LLCs.
C) provide limited protections for general partners increasing protections offered by LLCs.
D) increase the duration of the business entity permitted under LLC statutes

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When an LLP is formed,who files the initial paperwork?


A) an individual representing two or more persons desiring to start a new business
B) the principal in a sole proprietorship already in operation
C) a limited partnership already in operation
D) a general partnership already in operation

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Several people have decided to go into business as an LLC.To cover all contingencies,specifying what will constitute an act of dissociation and specifying the procedures upon dissolution would be included in the:


A) certificate of organization.
B) operating agreement.
C) Uniform Limited Liability Company Act.
D) common law because the members may not negotiate these rights

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Burt has gone to a commercial bank to negotiate a loan for the LLC in which he is a member.He tells you that he is authorized to act on behalf of and to bind the company.What is the best way for you to verify whether Burt does in fact have the authority he claims?


A) get him to sign a written statement
B) call another member of the LLC for confirmation
C) check the articles of organization
D) nothing need be done because all LLC members have the right to bind the company as do general partners

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Some states recognize LLCs but do not permit partnership taxation at the state level.

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LLCs may choose to be taxed as a pass through entity or may elect to be taxed as a corporation.

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Federal regulations regarding franchises are primarily designed to:


A) ensure full disclosure of all information relating to a franchise company prior to a franchise investment.
B) ensure the federal tax guidelines are met.
C) ensure that the public is protected from fraud or other injuries.
D) ensure that the franchisee has the requisite knowledge to manage a business and be sure the franchisee is not entering a business relationship they are not equipped to financially handle

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LLC laws define dissolution of an LLC as a ________ process.

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Jones LLC and Smith LLC both have ten members and five managing members.Both entities go into dissolution.The procedures for dissolution including preferences of members in terms of who is paid first and so on will be identical for both companies.

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Which of the following is not a true business entity?


A) an LLC
B) an LLP
C) a franchise
D) a sole proprietorship

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The first LLP legislation was enacted in:


A) New York.
B) Texas.
C) Florida.
D) Iowa

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The Certificate of Organization may restrict members of an LLC to only those possessing a professional license in a named field.

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Stop Now LLP manufactures brake linings and sells their product to repair and maintenance shops for use as replacements for worn brakes.When Stop Now approaches Coastal Garage,they offer a very good price for their products.Coastal is a nationwide company and the order would be very large.The management at Coastal is very interested in dealing with Stop Now but is concerned with the LLP's limited liability protections for Stop Now's partners.What could Coastal due to protect themselves from the LLP's limited liability protections?

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Two things may be done to provide Coasta...

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Financial information provided to a prospective franchisee must be audited.

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True

The name of an LLC must contain a designator such as "Company","Limited","Limited Liability Company" or "LLC".

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The operating agreement of the LLC often controls the amount and methods of capitalizing the business.

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True

All states require LLPs to have a written partnership agreement.

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