Question

Difficulty: MediumPartnership: Types, Deed, Rights, and Dissolution

Audu, Bisi, and Chidi established a general trading enterprise under a partnership agreement. Chidi contributed part of the initial capital and receives a regular share of the net profits, but by mutual agreement takes no active part in the daily operations or management of the business. Which of the following correctly classifies Chidi's status as a partner and describes his legal liability for the debts of the firm?

  1. He is a sleeping partner and has unlimited liability for all business obligations.Answer
  2. B
    He is a limited partner and his liability is restricted strictly to the capital he contributed.
  3. C
    He is a nominal partner and bears no personal financial liability for external claims.
  4. D
    He is an active partner whose financial liability is protected by the partnership deed.

Answer

Chidi is a sleeping (or dormant) partner who retains unlimited personal liability for the debts and legal obligations of the partnership business.
A sleeping (or dormant) partner contributes capital to the enterprise and shares in the firm's net profits and losses, but refrains from active management. In a standard general partnership, all partners remain personally liable to an unlimited extent for all business debts.

Step-by-Step Solution

1
Analyze partner participation and capital contribution
Chidi contributes capital and receives profits but does not take part in management, which defines a sleeping or dormant partner.
Classification of partners depends on management involvement, capital provision, and profit sharing.
2
Determine legal liability under general partnership principles
In a standard general partnership, all partners—whether active or sleeping—possess unlimited personal liability for debts incurred by the business.
Refraining from daily management does not automatically limit a partner's personal liability to third-party creditors under general commerce laws.

Key Concept

Types of Partners and Liability Rules in Partnership
Estimated Time:1m 0s
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