Business Organisations Flashcards
What are the factors the choice of a business structure depends on
Capital: Amount of money needed.
Tax implications. Eg. corporation tax is lower than self-assessment income tax but must disclose accounts as a LTD or PLC.
Liability: Need protection of limited liability or are you willing to risk (unlimited liability)?
Work : Need help with work or decisions?
Explain a sole trader
A sole trader business is one which is owned and run by one person.
Usually a first business with family involvement or for someone who wants complete control
Usually a small independent business e.g a newsagents, a hairdresser / barber
Explain the formation of a sole trader
Started immediately if operated under person’s own name
If a different name is used, that name must be registered with CRO (Company Registrations Office)
Must apply for any licences required by law
Must register with Revenue for any taxes which apply to it e.g. VAT
Explain the advantages of sole traders
Easily setup & few regulations - no government permission needed. just register with CRO for different name and revenue
Owner makes all decisions - No time wasted. Respond to market changes quick
Owner gets all profits - Great motivation to work hard. Entrepreneur directly rewarded
Confidential type - financial accounts not published. No access to secrets
Explain the disadvantages of sole traders
Unlimited liability - owner takes all risk sole trader personally responsible for debts
Difficulty raising capital - difficult to get loan with chance of bankruptcy. Borrow from family/friends/bank
Lack of expertise - rely on one person.
Stressful - No help
Not separate legal entity - sole trader is personally sued for legal issues
No continuity of existence
Explain unlimited liability
Business goes bankrupt owing a lot of money the owner themselves is responsible for paying back all the businesses loans
Is selling off the business debts are still owed owner can lose personal assets like their house
What is a partnership
A partnership is a business owned and run by between 2 and 20 people in order to make a profit
Combine their resources and talents
Ex: Accountancy firms KPMG, Solicitors
Explain a deed of partnership
A contract drawn up before the business is set up sets out issues like profit sharing, salaries, what happens if business closes, duties
Explain the formation of a partnership
Started immediately if partners operate under own names
If using a different name, that name must be registered with CRO
Recommended to make a written partnership agreement called a Deed of Partnership
Explain advantages of partnership
Easy & inexpensive to form and few regulations - register with revenue and CRO if different names
Risks are shared - Not all on one
Confidential type - financial account not published
Different expertise - more skills, easier to run business. Work is shared
More Capital - can raise money quicker, all contribute capital
Explain disadvantages of partnership
Unlimited liability - partners jointly and severally liable for debts. if n=one partner cannot pay others must
Disagreements can arise
Decision making slower - more opinions, business is less flexible,miss opportunities
Profits must be shared- in agreed profit sharing ratio. Must reflect work done
Not separate legal entity - partners are personally sued in legal issues
No continuity of existence
Explain what a private limited company is with example
A business which may have up to 1 – 149 shareholders who operate the business with the benefit of having limited liability so if company fails they only lose the money invested in it
Letters LTD must follow the name of the company
Shares not sold to the public
Separate legal existence to its owners so can sue and be sued
Example: Eason & Son LTD
Explain the formation of a private limited company
Prepare all necessary documents - Constitution and Form A1
Submit documents with fee to Companies Registration Office (CRO)
CRO checks documents & then issues Certificate of Incorporation
Hold Statutory Meeting (1st meeting)
Start trading as a separate legal entity from shareholders
Explain the advantages of a private limited company as a business organisation
Limited liability- if company goes bankrupt shareholders are not personally liable. they can only lose capital invested
Easy to raise capital- more people, can grow and set up quicker
Workload can be shared- ran by directors
Increased skills and expertise- better decisions than solitary person. direcotrs
Lower tax on profits (12.5% Corporation Tax)- profits are left then for business expansion
Explain the disadvantages of a private limited company
Complicated and lengthy to set up - Apply for permission off CRO, must pay for service. cannot trader without cert of incorporation
Accounts must be published - P&L and balance sheet. not confidential
More legal requirements- send annual return to CRO. Audit of accounts. Costs alot
Profits shared - in ratio of how much invested not how much effort is put in
Explain Constitution as a document to form a private limited company
Sets out the rules under which the company proposes to regulate its affairs. Its available for public inspection
Includes: Name of company with LTD
Statement saying shareholder have limited liability
Details of authorised share capital
List of shareholders info and signatures
What is a form A1 as a document to form a private limited company
Founders fill this in and it includes:
Company’s name, registered office and email
Details of secretary and directors
Signature of secretary and directors
Details of founding shareholders and their shares
Declaration that companies act has been complied with
Activity company is being set up to trade in
What is a certificate of inforporation
An official licence to begin trading as a private limited company
Explain what a public limited company is with example
Set up by at least 7 shareholders and run by directors who are voted in by shareholders.
No restrictions on the number of shareholders in a PLC
Shareholders have limited liability
Shares are traded on the stock market
Members of the public can buy shares
Examples: Glanbia PLC, Ryanair PLC
Explain the advantages of a Public limited company
Limited Liability - if company goes bankrupt shareholders are not personally liable. they can only lose capital invested Easy to raise capital - sell to public and have good credit rating so can get loans Lower tax (Corporation Tax 12.5%)- more after tax profit for dividends/expansion Media interest - free publicity, constantly written about. Recruit great employees who want to work for high profile business
Explain the disadvantages of a public limited company
Strict rules and guidelines- stricter to protect public. Lengthier and costlier set up. cannot trade without cert of incorporation and cert of trading from CRO
Accounts published - Not confidential
Expensive to sell shares to public-brochures to be designed/ printed with history of business so far. lawyers, stock brokers hired to handle sale of shares
At risk of hostile takeover - shares freely bought. Can be targeted if enough shareholders sell company is taken over ex: Cadbury were taken over by Kraft
Name people involved in running a company
Shareholders Board of directors Managing director Chairperson Company secretary Auditor
Explain the role of shareholders in a company
Owners of a company Invest money for a share of the company Receive a dividend each year (share of the company profits) Can vote at the AGM, 1 share 1 vote Vote in the Board of Directors
Explain the role of the board of directors in a company
Voted in by shareholders Make the major decisions, ensure success Set goals and strategies of the business Must report back to shareholders Set the dividend to be paid out at the end of the year
Explain the role of managing director/CEO in a company
Runs the company on a day-to-day basis
Leader of the business and sets out the vision and direction of the company
Hires senior managers
Is in overall charge of the business and is answerable to the Board of Directors
Ex: Michael O Leary of Ryanair PLc
Explain the role of chairperson in a company
A direcotr Elected by Board of Directors
In charge of running the company’s meetings
Acts as a figurehead leader for company
Explain the role of company secretary in a company
Responsible for the administration of the company e.g keeping shareholder records, sending out notice of company meetings, taking the minutes of a meeting, sending companies annual return to the CRO
Explain the role of auditor in a company
An outside independent accountant that checks over company accounts to ensure they are accurate and correct.
Ensures company has kept proper accounting records and must write a report stating whether the accounts are complete or accurate