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Which of the following statements is INCORRECT? Select one: a. A partnership agreement must be in writing. It cannot be reached orally or by a course of conduct. b. The Partnership Act determines partners’ rights, duties and interests, if not included in the partnership agreement. c. The rights and obligations of partners to each other arise from the partnership agreement, the statute, and the equitable concept of the fiduciary. d. If an agreement provides that a person should be paid a percentage of the profits made by their firm, they may be a partner and jointly liable to creditors of the firm.

Question

Which of the following statements is INCORRECT?

Select one:

a. A partnership agreement must be in writing. It cannot be reached orally or by a course of conduct.

b. The Partnership Act determines partners’ rights, duties and interests, if not included in the partnership agreement.

c. The rights and obligations of partners to each other arise from the partnership agreement, the statute, and the equitable concept of the fiduciary.

d. If an agreement provides that a person should be paid a percentage of the profits made by their firm, they may be a partner and jointly liable to creditors of the firm.

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Solution

The incorrect statement is:

a. A partnership agreement must be in writing. It cannot be reached orally or by a course of conduct.

This is incorrect because a partnership agreement can indeed be reached orally or by a course of conduct. While it is often advisable to have a written agreement to avoid disputes, it is not a legal requirement.

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