4. Types of business organisation Flashcards
what is a sole trader?
Is a business owned by 1 person
what are the legal regulations to be a sole trader?
- The owner must register with and send annual accounts to the government Tax Office.
- They must register their business names with the Registrar of Business Names.
- They must obey all basic laws for trading and commerce.
what are the advantages of being a sole trader?
- There are so few legal formalities are required to operate the business.
- The owner is his own boss, and has total control over the business.
- The owner gets 100% of profits.
- Motivation because he gets all the profits.
- The owner has freedom to change working hours or whom to employ, etc.
- He has personal contact with customers.
- He does not have to share information with anyone but the tax office, thus he enjoys complete secrecy.
what are the disadvantages of being a sole trader?
- Nobody to discuss problems with.
- Unlimited liability.
- Limited finance/capital, business will remain small.
- The owner normally spends long hours working.
- Some parts of the business can be inefficient because of lack of specialists.
- Does not benefit from economies of scale.
- No continuity, no legal identity.
what is a partnership?
A partnership is a form of business consisting of 2 or more people who agree to jointly own a business
what is a partnership agreement?
is the written and legal agreement between business partners it is not essential for partners to have such an agreement but it is always recommended
what are the advantages of a partnership?
- More capital than a sole trader.
- Responsibilities are split.
- Any losses are shared between partners.
what are the disadvantages of a partnership?
- Unlimited liability.
- No continuity, no legal identity.
- Partners can disagree on decisions, slowing down decision making.
- If one partner is inefficient or dishonest, everybody loses.
- Limited capital, there is a limit of 20 people for any partnership.
who are partnerships recommended to?
- Want to make a bigger business but does not want legal complications.
- Professionals, such as doctors or lawyers, cannot form a company, and can only form a partnership.
- Family, when they want a simple means of getting everybody into a business (Warning: Nepotism is usually not recommended).
Note: In some countries including the UK there can be Limited Partnerships. This business has limited liability but shares cannot be bought or sold, it is a separate legal unit that still exists after partners death. It is abbreviated as LLP.
what is a private limited company?
are businesses owned by shareholders but they cannot sell shares to the public
what is an incorporated business?
are companies that have seperate legal status from their owners
what is a shareholder?
are the owners of a limited company. they buy shares which represent part-ownership of the company
what are the advantages of a private limited company?
- The sale of shares make raising finance a lot easier.
- Shareholders have limited liability, therefore it is safer for people to invest but creditors must be cautious because if the business fails they will not get their money back.
- Original owners are still able to keep control of the business by restricting share distribution.
what are the disadvantages of a private limited company?
- Owners need to deal with many legal formalities before forming a private limited company:
The Articles of Association: This contains the rules on how the company will be managed. It states the rights and duties of directors, the rules on the election of directors and holding an official meeting, as well as the issuing of shares.
The Memorandum of Association: This contains very important information about the company and directors. The official name and addresses of the registered offices of the company must be stated. The objectives of the company must be given and also the amount of share capital the owners intend to raise. The number of shares to be bought by each of the directors must also be made clear.
Certificate of Incorporation: the document issued by the Registrar of Companies that will allow the Company to start trading. - Shares cannot be freely sold without the consent of all shareholders.
- The accounts of the company are less secret than that of sole traders and partnerships. Public information must be provided to the Registrar of Companies.
- Capital is still limited as the company cannot sell shares to the public.
what is a public limited company?
are businesses owned by shareholders but they can sell shares to the public and their shares are trade-able on the stock exchange