Forms Of Business Organisation Flashcards
Sole trader : definition
A business that is fully owned by one person who has complete control over how the firm is run.
Advantages of operating as a sole trader :
Low startup costs (few legal formalities), all profits retained, better control (no need to consult others), financial privacy (don’t have to publish financial records), increased flexibility, offer more personal services to customers.
Disadvantages of operating as a sole trader :
Unlimited liability, difficulty raising capital (banks often reluctant), long hours and lack of continuity( disruptions can happen at any point) , lack of expertise, lack of competitiveness (unable to exploit economies of scale).
Partnership : definition
When two or more people combine to form a business.
General partnership (partnership act 1890)
Most common form of partnership, between 2 and 20 partners, partners not involved in day to day running are called sleeping partners, each partner has unlimited liability.
Limited partnership (limited partnership act 1907)
When one or more partners want to invest without taking part in management and without risk of unlimited liability, they have limited liability and can only lose the money they’ve invested, at lease one partner must have unlimited liability and at least one must have limited.
Sleeping partner : definition
They choose not to become involved in the running of the business. Have limited liability.
Limited partner :
Must not take part in running of business, limited liability.
Limited liability partnership (LLP) act 2000
All LLP have limited liability, all cans take part in running, a LLP is a corporate body (it has its own legal existance), don’t pay tax (all profit goes to partners who pay income tax) , rare form of business, popular among financial institutions.
Setting up a partnership :
No specific legal requirement, provide evidence of what has been agreed and so avoid / resolve disputes , legally drafted partnership deed agreement is recommended.
Patnership deed : contents
Trading name and function of business, amount of capital each partner will invest, profit ratio, seniority and control over business, the rules on admitting new partners, rules on ending partnership.
Advantages of partnership :
Low startup cost, shared workload, partners can specialise in particular roles, financial privacy, more efficient decision making.
Disadvantages of partnership :
Loss of autonomy (all partners consulted for decision making), unlimited liability, lack of continuity (death or divorce of partner leads to partnership being dissolved), lack of capital (banks tend to charger higher interest).
Unlimited liability : definition
If business doesn’t have money to cover its debts the owner will have to use their own money to ensure the debts are paid,
Private limited company : brief breakdown
Required by law to carry the suffix ‘limited or ‘LTD’ as part of their company name, and ltd is a separate legal entity, limited liability, part owners know as shareholders, general public cannot buy shares, shareholder can only sell shares of other shareholders consent.
Advantages of operating as LTD :
It can raise more capital (less risky to banks, easier loan), limited liability, Ltd won’t be affected by death or divorce of single shareholder (continuity), specialisation, control (fewer shareholders than PLC abe wise shares aren’t sold publicly.