ch 38
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ch 38

Course Number: BUS 112, Fall 2008

College/University: Florida Southern College

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Chapter 38 Corporations Formation and Financing TRUE/FALSE QUESTIONS A1. Generally, there is a uniform body of national corporate law. ANSWER: F PAGE: 773 TYPE: N NAT: AACSB Analytic AICPA Legal B1. Corporate officers select the corporate directors. ANSWER: F PAGE: 773 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking A2. Any change in shareholders affects the continued existence of a corporation. ANSWER: F...

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38 Corporations Formation Chapter and Financing TRUE/FALSE QUESTIONS A1. Generally, there is a uniform body of national corporate law. Register to View AnswerPAGE: 773 TYPE: N NAT: AACSB Analytic AICPA Legal B1. Corporate officers select the corporate directors. Register to View AnswerPAGE: 773 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking A2. Any change in shareholders affects the continued existence of a corporation. Register to View AnswerPAGE: 773 TYPE: N NAT: AACSB Analytic AICPA Legal B2. A business incorporated in one state has an automatic right to do business in any other state. Register to View AnswerPAGE: 777 TYPE: N NAT: AACSB Analytic AICPA Legal A3. A shareholder is not an owner of a corporation. Register to View AnswerPAGE: 773 TYPE: = NAT: AACSB Analytic AICPA Legal 135 136 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS B3. A foreign corporation is a corporation formed in another country. Register to View AnswerPAGE: 777 TYPE: N NAT: AACSB Analytic AICPA Legal A4. Corporations are entitled to freedom of speech. Register to View AnswerPAGE: 775 TYPE: N NAT: AACSB Analytic AICPA Legal B4. A close corporation may restrict the right of a shareholder to transfer stock by means of a shareholder agreement. Register to View AnswerPAGE: 778 TYPE: = NAT: AACSB Analytic AICPA Legal A5. Unlike a principal and agent, a corporation is never liable for a tort of its officer. Register to View AnswerPAGE: 775 TYPE: N NAT: AACSB Analytic AICPA Legal B5. A shareholder in a professional corporation can be liable for malpractice arising from the rendering of professional services. Register to View AnswerPAGE: 780 TYPE: N NAT: AACSB Analytic AICPA Legal A6. A corporation cannot be formed without a profit-making purpose. Register to View AnswerPAGE: 777 TYPE: = NAT: AACSB Analytic AICPA Legal CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 137 B6. A promoter is not personally liable for a preincorporation contract. Register to View AnswerPAGE: 782 TYPE: N NAT: AACSB Analytic AICPA Critical Thinking A7. A public corporation is also known as a publicly held corporation. Register to View AnswerPAGE: 777 TYPE: = NAT: AACSB Reflective AICPA Legal B7. The choice of a corporate name is subject to state approval. Register to View AnswerPAGE: 782 TYPE: N NAT: AACSB Analytic AICPA Legal A8. A shareholder in a professional corporation can avoid liability for his or her wrongful acts simply by incorporating. Register to View AnswerPAGE: 780 TYPE: N NAT: AACSB Analytic AICPA Legal B8. A corporation has perpetual existence in most states unless stated otherwise in the articles of incorporation. Register to View AnswerPAGE: 784 TYPE: = NAT: AACSB Analytic AICPA Legal A9. The minimum contacts rule determines in which state a corporation should be chartered. Register to View AnswerPAGE: 782 TYPE: = NAT: AACSB Analytic AICPA Legal B9. The capital structure of a corporation cannot be set forth in the articles of incorporation. Register to View AnswerPAGE: 784 TYPE: N NAT: AACSB Analytic AICPA Legal A10. Promoters, not incorporators, must execute the articles of incorporation. Register to View AnswerPAGE: 782 TYPE: = NAT: AACSB Analytic AICPA Legal 138 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS B10. An incorporator must have an interest in a corporation to file its articles of incorporation. Register to View AnswerPAGE: 784 TYPE: = NAT: AACSB Analytic AICPA Legal A11. Every corporation must identify a specific person as an agent to receive legal documents on behalf of a corporation. Register to View AnswerPAGE: 784 TYPE: = NAT: AACSB Analytic AICPA Legal B11. Corporate bylaws must be approved by the appropriate state official before the corporations first organizational meeting. Register to View AnswerPAGE: 785 TYPE: N NAT: AACSB Analytic AICPA Legal A12. A corporations internal management structure is described in its articles or bylaws. Register to View AnswerPAGE: 784 TYPE: N NAT: AACSB Analytic AICPA Legal B12. An association that is not technically a corporation can never be treated as if it were a corporation. Register to View AnswerPAGE: 785 TYPE: = NAT: AACSB Analytic AICPA Legal A13. A corporate charter can state generally that the corporation is organized to conduct any legal business. Register to View AnswerPAGE: 784 TYPE: = NAT: AACSB Analytic AICPA Legal B13. Express powers of a corporation can be found in its articles of corporation. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 139 A14. A business that holds itself out as being a corporation may not be able to deny corporate status, even if it makes no attempt to incorporate. Register to View AnswerPAGE: 785 TYPE: N NAT: AACSB Analytic AICPA Legal B14. Express powers of a corporation can be found in the resolutions of its board of directors. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal A15. Only acts that fall within the express powers of a corporation are ultra vires. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal B15. The law of the state of incorporation may restrict the implied powers of a corporation. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal A16. A state constitution may restrict a corporations implied powers. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal B16. Piercing the corporate veil means revealing to shareholders the internal rules of corporate management. Register to View AnswerPAGE: 786 TYPE: N NAT: AACSB Analytic AICPA Legal A17. Express powers of a corporation can be found in the law of the state of incorporation. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal B17. The law of the state of incorporation may restrict the express powers of a corporation. 140 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal A18. A shareholder is prohibited from lending funds to his or her corporation. Register to View AnswerPAGE: 789 TYPE: N NAT: AACSB Analytic AICPA Legal B18. Any power expressly set out in the bylaws of a corporation is ultra vires. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Analytic AICPA Legal A19. Any person who buys common stock acquires voting rights in a corporation. Register to View AnswerPAGE: 790 TYPE: N NAT: AACSB Reflective AICPA Critical Thinking B19. A corporate bond normally has a designated maturity date. Register to View AnswerPAGE: 789 TYPE: N NAT: AACSB Reflective AICPA Critical Thinking A20. Because preferred stock is not equity, it is included among the liabilities of a business. Register to View AnswerPAGE: 791 TYPE: N NAT: AACSB Reflective AICPA Legal B20. Any person who buys preferred stock has priority over a holder of common stock to payment on the corporations dissolution. Register to View AnswerPAGE: 791 TYPE: N NAT: AACSB Reflective AICPA Critical Thinking MULTIPLE CHOICE QUESTIONS CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 141 A1. Pola and Quint want to form and do business as River Tours Corporation. A corporation can consist of a. no natural persons. b. one natural person but not more. c. one or more natural persons. d. only more than one natural person. Register to View AnswerPAGE: 773 TYPE: N NAT: AACSB Reflective AICPA Legal 142 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS B1. Finn and Glenda want to form and do business as Hobby Crafts Corporation. A corporation is a legal entity created and recognized by a. a central federal administrative agency. b. a city or county clerks office. c. an artificial legal person. d. state law. Register to View AnswerPAGE: 773 TYPE: N NAT: AACSB Reflective AICPA Legal A2. Skyla and Terry want to form and do business as Unique Boutique Corporation. Most statutes governing the formation and use of corporations are guided by a. city or county corporate codes. b. the Entrepreneurs Corporate Handbook. c. the federal Administrative Procedure Act. d. the Revised Model Business Corporation Act. Register to View AnswerPAGE: 773 TYPE: N NAT: AACSB Reflective AICPA Legal B2. Inez and Jason are the shareholders and directors of Kleen Kustodial Corporation. Lily and Moe are Kleens officers. As with other corporations, the responsibility for the overall management of Kleen rests with a. the board of directors. b. the officers. c. the owners. d. the shareholders. Register to View AnswerPAGE: 773 TYPE: N NAT: AACSB Reflective AICPA Legal A3. Raw Resources Corporation authorizes Stefan, its employee, to oversee its mining operation. In the course of this employment, Stefan disposes of the mines waste illegally. Liability for this crime most likely rests with a. neither Raw Resources nor Stefan. b. Raw Resources and Stefan. CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 143 c. Raw Resources but not Stefan. d. Stefan but not Raw Resources. Register to View AnswerPAGE: 775 TYPE: N NAT: AACSB Reflective AICPA Legal B3. Motor Parts Maker, Inc. (MPM), is a corporation. Norm is an MPM offi- cer. In a criminal case, Fifth Amendment rights belong to a. MPM and Norm. b. MPM only. c. neither MPM nor Norm. d. Norm only. Register to View AnswerPAGE: 775 TYPE: = NAT: AACSB Reflective AICPA Legal A4. Quotient Corporation provides tax and accounting services. Like other corporations, Quotients constitutional rights do not include a. a privilege against self-incrimination. b. a right of access to the courts. c. a right to due process before denial of life, liberty, or property. d. freedom from unreasonable searches and seizures. Register to View AnswerPAGE: 775 TYPE: N NAT: AACSB Reflective AICPA Legal B4. Micro Chips, Inc., is incorporated in the state of New Jersey and is doing business in the state of New York. In New York, it is properly referred to as a. a domestic corporation. b. a foreign corporation. c. an alien corporation. d. a national corporation. Register to View AnswerPAGE: 777 TYPE: = NAT: AACSB Reflective AICPA Legal A5. Digitech is a foreign corporation, which means that Digitech a. is an alien corporation. b. is chartered in a foreign country. 144 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS c. may be required to obtain a certificate of authority to do business. d. may do business only in foreign countries. Register to View AnswerPAGE: 777 TYPE: = NAT: AACSB Reflective AICPA Legal CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 145 B5. The shares of Capital Corporation are publicly traded in securities markets. Capital Corporation is a. a private corporation. b. a privately held corporation. c. a public corporation. d. a publicly held corporation. Register to View AnswerPAGE: 777 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking A6. Convenience Mart, Inc., is a close corporation. Convenience Mart is a. eligible to make public offerings of securities. b. exempt from filing a certificate of incorporation. c. generally allowed to restrict the transfer of its stock. d. taxed in the same manner as a partnership. Register to View AnswerPAGE: 778 TYPE: = NAT: AACSB Reflective AICPA Legal B6. A firm named Scientific Discovery Corporation (SDC) makes an attempt to incorporate for a purpose other than making a profit. SDC is a. a foreign corporation. b. an alien corporation. c. a nonprofit corporation. d. not a corporation. Register to View AnswerPAGE: 777 TYPE: N NAT: AACSB Reflective AICPA Critical Thinking A7. Boutique Corporation would like to change its corporate status to avoid income taxes at the corporate level. To qualify, the shareholders must not be a. corporations. b. estates. c. individuals. d. partnerships. 146 TEST AUNIT BANK EIGHT: BUSINESS ORGANIZATIONS Register to View AnswerPAGE: 780 TYPE: = NAT: AACSB Reflective AICPA Legal B7. Ruby Red Corporation has six shareholders, four of whom are members of the same family. All of Rubys shareholders agree in writing to operate without shareholders meetings. Under the Revised Model Business Corporation Act, this most likely warrants a. no penalties or sanctions. b. the imposition of a fine on Ruby. c. the imprisonment of Rubys shareholders. d. the piercing of Rubys corporate veil. Register to View AnswerPAGE: 778 TYPE: N NAT: AACSB Reflective AICPA Legal A8. Jim and Kiley are architects and members of J&K, P.C., a professional corporation. Jim supervises Luc, an employee of the firm. As a member, Jim a. is personally liable for any tort committed by Kiley. b. has limited liability for any of Kileys acts of malpractice. c. has no liability for any torts committed by Kiley or Luc. d. may be personally liable for malpractice committed by Luc. Register to View AnswerPAGE: 780 TYPE: = NAT: AACSB Reflective AICPA Legal Fact Pattern 38-1B (Questions B8CB9 apply) Standard Company (SC) and Typical Corporation (TC) form United, Inc., a close corporation, and agree to restrict the transfer of its stock to anyone else. SC sells its physical assets, but not its United stock, to Variety, Inc. TC files a suit against SC. B8. Refer to Fact Pattern 38-1B. According to the court in Case 38.2, Salt Lake Tribune Publishing Co. v. AT&T Corp., a reasonable purpose for a stock transfer restriction in a close corporation, like the agreement between SC and TC, is a. a desire to limit the participation of outsiders in the firm. b. a goal to restrain insiders from taking advantage of their position. c. an attempt to restrain the free flow of commerce among investors. CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 147 d. a wish to restrict the transfer of the shareholders physical assets. Register to View AnswerPAGE: 778 TYPE: = NAT: AACSB Communications AICPA Legal A9. To qualify as a professional corporation, Medical Clinic, P.C., a. must be a corporation formed by professionals. b. must grant all shareholders voting rights. c. must have at least thirty-five shareholders. d. all of the above. Register to View AnswerPAGE: 780 TYPE: = NAT: AACSB Reflective AICPA Legal 148 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS Fact Pattern 38-1B (Questions B8CB9 apply) Standard Company (SC) and Typical Corporation (TC) form United, Inc., a close corporation, and agree to restrict the transfer of its stock to anyone else. SC sells its physical assets, but not its United stock, to Variety, Inc. TC files a suit against SC. B9. Refer to Fact Pattern 38-1B. Under the reasoning of the court in Case 38.2, Salt Lake Tribune Publishing Co. v. AT&T Corp., SCs sale of its assets a. did not invalidate, violate, or void the stock transfer restriction. b. invalidated the stock transfer restriction. c. voided the stock transfer restriction. d. violated the stock transfer restriction. Register to View AnswerPAGE: 778 TYPE: = NAT: AACSB Communications AICPA Legal A10. Bernie and Chan want to form a corporation to market MP3 accessories. The first step in the incorporation procedure is to a. file the articles of incorporation. b. hold the first organizational meeting. c. obtain a corporate charter. d. select a state in which to incorporate. Register to View AnswerPAGE: 782 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking B10. Dependable Appliances, Inc., is a private, for-profit corporation that (1) was formed for the purpose of manufacturing and distributing a newly patented kitchen appliance, (2) is owned by five shareholders, (3) is subject to double taxation, and (4) has made no public offering of its shares. Dependable is a. an S corporation. b. a close corporation. c. a nonprofit corporation. d. a professional corporation. Register to View AnswerPAGE: 778 TYPE: = NAT: AACSB Reflective AICPA Legal CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 149 A11. Suki is a registered agent for Transport Trucking, Inc. (TTI), which incorporated in Utah. As a registered agent, Suki a. agreed to buy stock in TTI before it existed. b. applied to Utah on behalf of TTI to obtain its corporate charter. c. does business for TTI in Utah. d. receives legal documents on behalf of TTI. Register to View AnswerPAGE: 784 TYPE: = NAT: AACSB Reflective AICPA Legal B11. Frida and Gregor want to market a new line of fishing gear. To avoid income taxes at the corporate level, they should form a. a C corporation. b. a close corporation. c. an S corporation. d. a private corporation. Register to View AnswerPAGE: 780 TYPE: = NAT: AACSB Reflective AICPA Risk Analysis A12. Stan incorporates his scientific products business as Tech Supply, Inc. This firm could have perpetual existence in a. a few states. b. all states. c. most states. d. no states. Register to View AnswerPAGE: 784 TYPE: = NAT: AACSB Reflective AICPA Legal B12. The abbreviation P.A. in the name Painless Dental, P.A. means that this organization is a. a private association. b. a professional association. c. a public association. d. a publicly administered corporation. Register to View AnswerPAGE: 780 TYPE: = NAT: AACSB Analytic AICPA Legal 150 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS A13. Hailey and Ike hold the first organizational meeting of Java Kiosk Corporation. Probably the most important function of this meeting is a. adopting Javas bylaws. b. agreeing on Javas purpose. c. drafting Javas articles. d. obtaining a charter for Java. Register to View AnswerPAGE: 785 CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 151 B13. Caffeine Caf, Inc., files its articles of incorporation with the appropriate government agency. Least likely to appear in the articles is the name of a. each of the corporations incorporators. b. each of the corporations shareholders. c. the corporation. d. the corporations initial registered agent. Register to View AnswerPAGE: 782 TYPE: N NAT: AACSB Reflective AICPA Legal A14. Start-Up Corporation substantially complies with all conditions prece- dent to incorporation. Start-Up has a. corporate existence by estoppel. b. de facto existence. c. de jure existence. d. ultra vires existence. Register to View AnswerPAGE: 785 TYPE: = NAT: AACSB Reflective AICPA Legal B14. Like the bylaws of other corporations, the bylaws of Retail Sales, Inc., a. establish the operating name of the corporation. b. establish the value and classes of corporate stock. c. were adopted at its first organizational meeting. d. were submitted for approval to the public official in charge. Register to View AnswerPAGE: 782 TYPE: = NAT: AACSB Reflective AICPA Legal A15. Quik Company claims to be a corporation but it is not. Pam signs a contract with Quik that is not performed. In Pams suit against Quik, a court will likely recognize the firm as a. a corporation by estoppel. b. a de facto corporation. c. a de jure corporation. d. an ultra vires corporation. Register to View AnswerPAGE: 785 TYPE: = 152 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS NAT: AACSB Reflective AICPA Legal B15. Stable Hydraulics Corporations articles list an incorrect address for its incorporator. Under this circumstance, Stable is most likely a. a corporation by estoppel. b. a de facto corporation. c. a de jure corporation. d. ultra vires. Register to View AnswerPAGE: 785 TYPE: N NAT: AACSB Reflective AICPA Legal A16. Eager Beaver Corporation fails to hold its organizational meeting to adopt bylaws. Under this circumstance, Eager Beaver is most likely a. a corporation by estoppel. b. a de facto corporation. c. a de jure corporation. d. ultra vires. Register to View AnswerPAGE: 785 TYPE: N NAT: AACSB Reflective AICPA Legal B16. Diamond Construction Corporation claims to be a corporation, but it is not. Everett signs a contract with Diamond that it does not perform. Everett files a suit against Diamond. The court will likely hold that Diamond is a. a corporation by estoppel. b. a de facto corporation. c. a de jure corporation. d. an ultra vires corporation. Register to View AnswerPAGE: 785 TYPE: = NAT: AACSB Reflective AICPA Legal A17. Superior Home Products, Inc., is a corporation. Superiors implied powers are necessary to a. amend the corporate charter. b. bring a derivative suit. c. declare dividends. CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 153 d. perform all acts reasonably appropriate and necessary to accomplish its corporate purposes. Register to View AnswerPAGE: 786 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking B17. Niki owns O.K. Oil Corporation. Niki uses O.K.s funds to pay her personal expenses, creates Pure Fuel Corporation to engage in the same business as O.K., transfers O.K.s assets to Pure Fuel, and petitions O.K. into bankruptcy. This most likely warrants a. a bonus to Niki for financial maneuvers. b. a discharge for O.K. in bankruptcy. c. a pierce of O.K.s corporate veil. d. a review of Pure Fuels articles of incorporation. Register to View AnswerPAGE: 786 TYPE: N NAT: AACSB Reflective AICPA Legal A18. Omega Corporation makes and markets digital timers, clocks, and related products. Like other business corporations, Omega issues securities to a. increase its market share. b. obtain financing. c. reduce its production costs. d. safeguard its facilities. Register to View AnswerPAGE: 789 TYPE: = NAT: AACSB Reflective AICPA Risk Analysis B18. Financial Innovations, Inc., issues bonds, which are also known as a. cumulative investments. b. debt securities. c. equity securities. d. preferred stock. Register to View AnswerPAGE: 789 TYPE: + NAT: AACSB Reflective AICPA Research A19. Discount Factory Outlets, Inc., issues bonds. Bonds 154 TEST BANK AUNIT EIGHT: BUSINESS ORGANIZATIONS a. are issued by businesses only. b. are sometimes referred to as stock with preferences. c. have maturity dates. d. require periodic interest payments from their owners. Register to View AnswerPAGE: 789 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking B19. Dag and Elke are holders of common stock in Fragrances, Inc. (FI). Like other holders of common stock, they have a residual position in the overall financial structure of FI, because they a. are guaranteed to receive more than the amount of their investment. b. are the last to receive payment for their investment. c. have priority to FIs assets if FI becomes insolvent. d. reside in the state of FIs incorporation. Register to View AnswerPAGE: 790 TYPE: + NAT: AACSB Reflective AICPA Research A20. Mari buys 500 shares of common stock in National Livestock Traders, Inc. As a shareholder of record, Mari owns a proportionate interest in terms of a. control, earnings, and net assets. b. control only. c. earnings and net assets only. d. neither control nor earnings and net assets. Register to View AnswerPAGE: 790 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking B20. Lita is a holder of preferred stock in Mit-E Detergents, Inc. Lita has priority over holders of Mit-E common stock as to a. nothing. b. payments of dividends. c. the date on which Mit-E must repurchase the shares. d. upward changes in the market price of the shares. CHAPTER 38: CORPORATIONSFORMATION AND FINANCING 155 Register to View AnswerPAGE: 791

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SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134
SUNY Stony Brook - CHEMISTRY - 134