29 - entities (not mine) Flashcards
What are the generic entities?
- Sole proprietorship - one owner
- Partnership - multiple owners
- Corporation - complex and more requirements for owner
- Hybrids (limited partnership, LLC)
How is a sole proprietorship
1. Created
2. Operate
3. Terminated
- Literally by a dude going “I have a company now lol”
- The owner receives all the profits but also bares all the loss
-Profits are taxed
-Unlimited liability - The guy does and there’s no succession plan in place
How is a partnership created?
Two dudes say “hey let’s make a business” and hopefully a contract
How does a partnership operate?
At least one person has unlimited liability.
1.Partners have the same duties as agents
2.The rights of the partners:
-participate in management
-inspect records
-contribution have precedence
-withdraw advances
-withdraw of profits at the end of the year (share dependent on agreement)
-liabilities
What are the different kinds of partnership?
- General - everyone has unlimited liability
- Silent - partner that does not participate in the business, but maybe funds the business and participates in the profits
- Secret - active in the business but is not a face of the business
- Limited liability - there is a general partner (unlimited liability) and a file has been made to be a corporation. Limited liability = limited partnership
Is the entity separate (limited) or are the owners personally liable (unlimited):
1. Sole proprietorship
2. Partnership
3. Corporation
- You are the entity, everything is fair game and you have unlimited liability
- Depends on where the money is (indemnification)
- Stockholders have limited liability to the business and not personal liability
Compensating someone for loss
Indemnification