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Raigon and Jolly enter into a partnership agreement to run a computer store at the Caulfield campus of Monash University. Raigon and Jolly contribute 60% and 40% of the capital required to establish the business, respectively. However, the partnership agreement is silent about how the profits earned should be divided. Which amongst the following options is CORRECT with regard to this scenario? Select one: a. Profits must be shared in accordance with the partners' contributions to capital. Raigon and Jolly are eligible to receive 60% and 40% of the profits, respectively. b. Profits must not be shared in accordance with the Partnership Act 1958 (Vic) since there is a separate partnership agreement between Raigon and Jolly. c. None of the statements for this question are correct. d. Profits must be shared equally, as provided in s 28 of the Partnership Act 1958 (Vic).

Question

Raigon and Jolly enter into a partnership agreement to run a computer store at the Caulfield campus of Monash University. Raigon and Jolly contribute 60% and 40% of the capital required to establish the business, respectively. However, the partnership agreement is silent about how the profits earned should be divided. Which amongst the following options is CORRECT with regard to this scenario?

Select one:

a. Profits must be shared in accordance with the partners' contributions to capital. Raigon and Jolly are eligible to receive 60% and 40% of the profits, respectively.

b. Profits must not be shared in accordance with the Partnership Act 1958 (Vic) since there is a separate partnership agreement between Raigon and Jolly.

c. None of the statements for this question are correct.

d. Profits must be shared equally, as provided in s 28 of the Partnership Act 1958 (Vic).

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Solution

The correct answer is:

d. Profits must be shared equally, as provided in s 28 of the Partnership Act 1958 (Vic).

According to the Partnership Act 1958 (Vic), if there is no agreement on how the profits should be divided, they should be shared equally among the partners. This applies even if the partners have contributed different amounts of capital to the business.

Similar Questions

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Raigon and Sharon run a café in partnership. The partnership agreement authorises each partner to order goods and supplies up to a maximum of $1,000 each month, from their regular supplier (Jolly’s Pty Ltd). The partnership has a trading history with Jolly’s Pty Ltd that spans several years. Sharon orders coffee beans, sugar, milk and flour, as well as other essential supplies, for $2,000 (from Jolly’s Pty Ltd) one month. Who is liable for the payment of $2,000 to Jolly’s Pty Ltd? Select one: a. Raigon cannot, under any circumstances, be held liable to make the payment of $2,000: since Sharon has exceeded the maximum limit permitted by the partnership agreement. b. Raigon and Sharon are liable to make the payment because Jolly’s Pty Ltd does not know that Sharon is a partner. c. Raigon and Sharon are liable to make the payment since ordering coffee, sugar and other essential supplies is within the scope of the business of running a café, and the transaction is carried out in the usual way. d. Jolly’s Pty Ltd must have known that Sharon had exceeded their authority due to regular past dealings, and therefore can only claim the payment due from Sharon.

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