Forms Of Ownership Flashcards
Sole proprietor/Sole trader
Exists when a business is owned by one individual person. Owner handels all processes and decisions( not registered)
Choosing a Form of ownership
Factors that will affect the decision on Forms of ownership
- Size and nature
- Amount of control you would like
- The need for reinvestment into the business
- Tax implications
- Vulnerability of the business in terms of lawsuits and likelihood of bankruptcy
- The amount of money you would like to earn from the business
Limited Liability
The business debts are not the liability of the members
Unlimited Liability
Personal responsibility for all of the businesses incurred debts
Natural person
Living human being with certain rights and responsibilities under the law
Legal person/artificial person
A group of people that is considered by law to be acting as a single individual (can be sued and is entitled to sue other parties)
Characteristics of Sole proprietor
- Full control
- Keep all profits
- No high costs for starting the business
- Easy to start
- Pay personal tax on their profits
- No continuity
Partnership
- Owners are called partners(Silent/sleeping or active partner)
- Not a legal entity
- Owned by 2-20 people
- No formal steps necessary
Advantages of a Partnership
- Money invested can help the business grow
- Shared workload and have new skills and ideas that help you and the business
- It is easy to start, only need an oral or written agreement between you and the other partner
- You and partners share all profits
Disadvantages of Partnerships
You and your partners are all liable for the businesses debts, so if the business fails, you could lose your personal assets(Unlimited liability)
- If one of the partners dies or withdraws from the partnership, the partnership dissolves
- It can end up being difficult to work with a partner if you differ in opinion, can make the business inefficient
- All Decisions have to be agreed upon by all partners which can slow down decision making
Closed Corporation
Can have from one to ten members
- Owners are called members
- The businesses name needs to end in CC
- Legal agreement of a CC is known as a founding statement
Private company ((Pty)Ltd)
To start a private company, you need to register your business with the CIPC.
- You also need to complete a Notice of Incorporation and reserve a company name
- Private Company ends in (Pty)Ltd
- Managers are called directors
- Owners are called shareholders
- Can have 1-50 shareholders
CIPC
Company
Intellectual
Property
Commission
CIPRO
Companies Intellectual Property Registration Office
Advantages of Private company
- Separate legal entity
- Shareholders are protected by the Companies Act
- If shareholders die or sell their shares in the company, the company continues to exist. We say that it has continuity, unlike a partnership.
- Often more opportunities to pay less tax
- Long-term growth opportunities are good
- More likely to take risk and allow growth for the business
- Able to employ or elect their own management and the directors can be appointed on merit