A Manual of Partnership Relations: Treating of the Nature, Formation, Operation and Dissolution of the Partnership with the Forms Used Therein, and a Comparative Consideration of the Partnership and the Corporation

Sampul Depan
Ronald Press, 1905 - 221 halaman
 

Isi

Paying Debts
135
Marshalling Assets
136
Dividing the Remaining Assets
137
Partnership Compared With Corporation 97 Mutual Agency and Corporate Agency
139
Comparative Liability Under Each System
140
Advantage of the Stock Plan 100 Management of Corporations
141
IOI Expenses Incident to Incorporation
142
Resumé
143
Practical Considerations 103 Control of Corporations
145
Protection of Minority Interests
146
Cumulative Voting
148
Voting Trusts
149
Provisions Against Selling Stock
150
Period
151
Procedure for Incorporation 108 Preliminary Agreement
152
The Name 110 Charter Provisions
153
ByLaw Provisions
154
Organization Meetings
155
Transfer of Firm Property 114 Issuance of Stock Certificates
156
Conduct of Business
157
Form PART VI FORMS AND PRECEDENTS Chapter XXI Articles of Copartnership Usual Clauses I Preamble Date Parties
159
Firm Name 3 Place
160
Purposes 5 Investment
161
Partnership at Will
162
Division of Profits and Losses
163
Salaries 10 Payment of Private Debts II Engaging in Other Businesses
164
Termination Form
165
Articles of Copartnership Clauses Relating to Conduct of Business 13 Time of Partners 14 Dormant and Silent Partners
166
Managing Partner 16 Signature to Commercial Paper Etc 17 Restrictions on Partners Powers
167
Majority Rule 19 Books to be Kept
168
Periodical Accounting 21 Financial Management 22 Employees Form
169
Articles of Copartnership Clauses Relating to Dissolution 23 Retirement of Partner 24 Option on Partners Interest
171
Power of Expulsion 26 Insolvency of Partner 27 Losses 28 Death of Partner 1 Continuation of Investment
172
2 Life Insurance
173
3 Option to Survivors 4 Allowance for Goodwill 29 Dissolution by Notice
174
Winding up Partnership Affairs
175
Premium for Admission
177
Form
190
Profit Sharing Agreements
198
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Halaman 149 - In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
Halaman 37 - And participating in profits is presumptive, but not conclusive, evidence of partnership. In whatever form the rule is expressed, it is universally held that an agent or servant, whose compensation is measured by a certain proportion of the profits of the partnership business, is not thereby made a partner, in any sense. So an agreement that the lessor of a hotel shall receive a certain portion of the profits thereof by way of rent does not make him a partner with the lessee. Perrine v.
Halaman 89 - States; or (5) admitted in writing his inability to pay his debts and his willingness to be adjudged a bankrupt on that ground.
Halaman 45 - When the agreement is made no lands are owned by the firm, and neither party attempts to convey or assign any to the other. The contract is a valid one, and in pursuance of this agreement they go on and buy, improve, and sell lands.
Halaman 81 - ... company to transact its business in the usual way. If that business be to buy and sell, then the individual buys and sells for the company, and every person with whom he trades in the way of its business has a right to consider him as the company, whoever may compose it. It is usual to buy and sell on credit; and, if it be so, the partner who purchases on credit in the name of the firm must bind the firm. This is a general authority held out to the world, to which the world has a right to trust.
Halaman 181 - In witness whereof, the parties hereto have hereunto affixed their hands and seals the day and year first above written. "CAROLINE F. FORD, "EARL NEWMIRE. "Subscribed and sworn to before me this 5th day of June, 1911. (Seal) "FM SHEPARD, "Notary Public.
Halaman 89 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them...
Halaman 97 - The relation of partners with each other is one of trust and confidence. Each is the general agent of the firm, and is bound to . act in entire good faith to the other. The functions, rights, and duties of partners in a great measure comprehend those both of trustees and agents, and the general rules of law applicable to such characters are applicable to them.
Halaman 192 - June, in the year one thousand eight hundred and eighty, before me personally came and appeared George Bell, Frederic C. Bartlett and Gilbert T. Sewall to me known and known to me to be the...
Halaman 88 - States as a holiday or as a day of public fasting or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts...

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