U3 AOS1 Flashcards
state the business types
sole trader
partnership
private limited company
public listed company
social enterprise
government business enterprise
state the unincorporated business types
sole trader and partnership
state the incorporated business types
private limited company and public listed company
define and describe sole trader
a business owned and operated by one person
- provides all the finance
- makes all the decisions
- responsible for the operations of the business
sole trader (amount, profit, establishment and legal requirements)
amount
small
one owner and less than 20 employees
profit
returned to the owner
establishment and legal requirements
required to register business name with ASIC, only if the business name is different to the owner’s name
pays tax using personal tax number
explain unlimited liability in relation to a sole trader/partnership
when the business owner/s are personally responsible for all the debts of the business
a sole trader/partnership are not regarded as a separate legal entity - the business and the owner/s are regarded as the same
if sued, the owner/s are the one who is sued
if entering a legal contract, the owner/s are the one who is entering the legal contract
if running into financial problems, the owner/s are the one who has the financial problem
state the advantages of a sole trader
low cost of entry
simplest form of business
less government regulations
no partner disputes
owner’s right to keep all profits
less costly to operate
complete control over business
profit is taxed as personal income
state the disadvantages of a sole trader
unlimited liability
burden of management
difficult to operate if sick
end of business when owner dies
need to carry all losses
need to perform a wide variety of tasks
difficulty in raising finance
define partnership
a business owned by two or more people (generally a maximum of 20)
partnership (amount, profit, establishment and legal requirements)
amount
small to medium
two or more owners
maximum of 20 partners
profit
divided among the partners according to the partnership agreement
establishment and legal requirements
a partnership can be made verbally, in writing or by implication (without a legally binding agreement)
a written partnership is worthwhile if disputes arise
separate tax file number (for business only, not partners)
explain limited partnership
a ‘sleeping’ or ‘silent’ partner who contributes financially to the business but takes no part in the operations
these partners invest to add more capital or finance to an existing partnership
state the advantages of a partnership
low start up costs
less costly to operate than a business
minimal government regulations
on death of one partner, business can keep going
shared responsibility and workload
pooled funds and talent
no taxes on business profits, only on personal income
state the disadvantages of a partnership
unlimited liability
possibility of disputes
liability for all debts, including partner’s debts, even before the partnership has begin
difficulty in finding a suitable partner
divided loyalty and authority
define incorporation
the process that a business goes through to become a registered company and a separate legal entity from the owner/shareholder
outline incorporation process
- a company name must be registered with ASIC
- ASIC will issue a certificate of incorporation and an Australian Company Number (ACN)
- requirement of ‘Ltd’ in name to signify that a business has limited liability
explain limited liability in relation to private limited company and public listed company
when the shareholders in a company will not be held personally responsible for the debts of that business
once incorporated, the company has a separate legal identity to its owners, who are now known as shareholders
- the most money a shareholder can lose is the amount they paid for their shares
explain liquidation
the process of selling off the assets of a business in order to repay creditors, with any assets remaining to be distributed among shareholders
- shareholders cannot be forced to sell their personal assets to pay for business debts
- this protection does not apply to directors as they have an obligation to ensure the company obeys the law and acts in the interest of the shareholders
define private limited company
an incorporated business with a minimum of one shareholder and a maximum of 50 non employee shareholders, and whose shares are only offered to those people whom the business wishes to have as part owners
private limited company (amount, profit and shares)
amount
small to medium sized, family owned businesses
minimum of one shareholder, maximum of 50 non employee shareholders
at least one director
profit
distributed to shareholders in the form of dividends
shares
not listed on, and not sold through a stock exchange
only offered to those people whom the business wishes to have as part owners
shareholders can sell shares only to people approved of by the other directors
explain establishment and legal requirements in relation to private limited company and public listed company
to obtain registration, a person must lodge a properly completed application form with ASIC
- sets out certain information including details of every person who has consented to be a shareholder, director or company secretary of the company
‘proprietary limited’ or ‘Pty Ltd’ must be in private limited company’s name
‘limited liability’ or ‘Ltd’ must be in public listed company’s name
the closing of an incorporated company is more complex than unincorporated
- all shareholders of the company must agree to the company being wound up
- a liquidator will manage the process of selling the company’s assets, paying its debts and distributing funds from the asset sales among the shareholders
state the advantages of a private limited company and a public listed company
limited liability
easier to attract finance
easy transfer of ownership
a long life/perpetual succession (a company does not have to be would up in the event of the death, disability or retirement of any person involved)
experienced management through board of directors
greater spread of risk
growth potential
company rate is lower than personal income rate
more for public only
attract extra capital by issuing shares on the share market (greater potential for growth)
state the disadvantages of a private limited company and a public listed company
cost of formation
the company is taxed on any profits and dividends, and the income from the company to the shareholder is taxed as personal income
personal liability for business debts if directions knew that debts could not be paid
requirement to produce an annual report of audited accounts
public disclosure (reporting of certain information)
rapid growth may lead to inefficiencies
more for public only
capital raising capacity - public listed companies are required to abide by compliance rules and disclose corporate financial information
highly complex business structure - requires greater accountability and compliance than a private limited company
define public listed company
an incorporated business with a minimum of one shareholder and no maximum, and whose shares are openly traded on the Australian Securities Exchange
public listed company (amount, profit, shares)
amount
large sized
minimum of one shareholder, no maximum
at least three directions, two must be in Australia
profit
distributed to shareholders in the form of dividends
shares
listed on, and sold through a stock exchange
general public may buy and sell shares in this type of company
no restrictions on the transfer of shares or raising of money from the public via share offers
required to provide certain information when selling its shares for the first time