题目详情

普通合伙企业合伙人李某因车祸遇难,生前遗嘱指定16岁的儿子李明为其全部财产继承人。下列表述错误的是( )

  • A.李明有权继承其父在合伙企业中的财产份额
  • B.如其他合伙人均同意,李明可以取得有限合伙人资格
  • C.如合伙协议约定合伙人必须是完全行为能力人,则李明不能成为合伙人
  • D.应当待李明成年后由其本人作出其是否愿意成为合伙人的意思表示

正确答案及解析

正确答案
D
解析

【考情点拨】本题考查了合伙企业财产处理的知识点。 【应试指导】根据《合伙企业法》第50条的规定可知,李明有权继承其父在合伙企业中的财产份额,A项正确。如其他合伙人均同意,李明可以取得有限合伙人资格,原来的普通合伙企业依法转为有限合伙企业。因此,B项正确。如果合伙协议事先约定合伙人必须具有完全民事行为能力的,那么李某不能成为合伙人,只能要求退还其父在合伙企业中的财产份额。因此,C项正确。李明是否愿意取得合伙人的资格由其法定代理人代替作出意思表示即可,不需要等到李明成年后由其本人作出,另外,即便是本人愿意也需要其他合伙人一致同意才可以实现。因此D项错误。

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