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Chapter 4 - Types of business organizations

Forms of business ownership in the private sector

  • Partnerships: owned and controlled by two or more people

  • Private limited companies: owned, financed & controlled by between 2 & 50 people

  • Public limited companies (PLCs): owned, financed & controlled by a minimum of 2 shareholders with no maximum number of shareholders. (Open for the general public to buy shares)

  • Franchise: A business which has bought the right to trade under an established name

  • Sole Traders: Owned, controlled & financed by one person

  • Co-operatives: groups of people who enter a business & share the benefits

Unincorporated: Legally, the owner & the business are the same

Incorporated: The owners & the business have separate legal identities

Liability: the legal debt a company owes to third-party creditors


Sole Traders

  • Smallest most common type of business organization

  • Owned & operated by one person

  • CAN employ others but is the sole proprietor

  • Unincorporated

  • Unlimited liability

Advantages of a sole trader

Disadvantages of a sole

Few legal regulations

Unlimited liability

Own boss therefore complete control

money/finance

Freedom & flexibility

high costs

personal customer contact

lack of training & lack of specialists

Decision making

raising capital

profit & secrecy

long hours

Recommended for people who:

  1. Are setting up a new business

  2. Not much capital needed

  3. Personal contact with customers required (e.g. hairdressers)


Partnerships

  • Usually a small business, a little larger than sole traders

  • 2 or more people required to run a business, to make a profit

  • Maximum number of partners = 20

  • Sharing of losses & profits - split risk based on portion of capital invested by each partner

  • Unincorporated

  • Unlimited liability

Advantages of partnerships

Disadvantages of Partnerships

More Capital - expansion & growth

Unlimited liability

Shared responsibilities & decisions

Legal costs for making a partnership agreement

Losses shared by all partners

All partners liable for debts of the others

Greater opportunity for specialization

no separate legal identity

Easy to set up

Partnerships dissolved in partners leaving or through death

Less money needed by partners to set up

Decision of one partner binding on the rest

Can be a family run business

Limited access to capital

Accounts are kept private

Limit on the number of partners

Recommended for people who:

  1. I wish to form a business with others with few legal complications

  2. Family business

  3. Professional bodies not allowing formation of companies

Limited Partnerships

  • known as Limited liability Partnerships

  • Possible in some countries (eg uk)

  • Offers partners limited liability

  • Shares cannot be bought or sold

  • Separate legal identity

Partnership Agreement / Deed of Partnership is used to clarify:

  1. Amount of capital to be invested by partners

  2. Tasks of partners

  3. Profit sharing advantages

  4. Durations

  5. Absence / retirement agreements


Private limited company

  • Separate legal identity - separate accounts from owner

  • Denoted by: ‘Limited’, ‘Ltd’ or ‘Pty Ltd

  • Shares (represent % of ownership), owned by shareholders

  • Continuity

Legal formalities

Submit to ‘ Registrar of companies ’ TO GET ‘ Certificate of Incorporation ’

Articles of Association

  • Directors’ rights & duties

  • Rules for elections

  • Official meetings

  • Issuing shares

Memorandum of Association

  • Name

  • Address

  • Contact details

  • Objectives

  • Amount of share capital

  • Number of shares

Advantages of Private Limited Company

Disadvantages of Private Limited Company

Limited liability - less risk

Shares: Existing shareholders only, & transfer needs consent

Sale of shares

Less Privacy, as all accounts are sent to the Registrar of Companies

Separate legal Identity

Not available to the general public, therefore it isn’t possible to raise large amounts of capital for expansion

Original owner retains control

More ability to raise capital - expand faster

Continuity

Status

Recommended for people who:

For family businesses or partnerships who want to expand further with no loss of control & reduced risk to their own capital


Public limited company

  • Very large businesses

  • Private sector (not owned by govt)

  • Denoted by : ‘PLC’, ‘plc’ or ‘inc

  • selling of shares to general public

Advantages of public limited company

Disadvantages of public limited company

Limited liability

Legal formalities are complicated & confusing

Incorporated business

Regulations & control - protect shareholders’ interest

Separate legal unit

Lack of privacy - publication of accounts

Continuity

Difficult to control & manage

raise large amounts if capital to expand internationally

Expense of shelling shares to the public - specialist bank, merchant bank, prospectus

No limits of amount of shareholders

original owner may lose control

easy to buy, sell & transfer shares

higher status

easy to attract suppliers & loans

Memorandum of association = A document containing all fundamental information which are required for the incorporation of the company

Articles of association = A document containing all the regulations that governs the company

Converting from private to public

  • Memorandum of association - ensure statement clause allowing conversion to public limited

  • Certain minimum amount of shares must be issued

  • Accounts must be available to the public & must have a specific layout

  • Stock exchange

    • apply for a listing

    • easy for buying

    • trading record

    • ensure it is not poorly operated

  • Prospectus

    • invitation to the public

    • buy shares in the company

    • detailed document

    • past record

    • plan for the future

    • reasons for raising capital

    • how capital will be spent


Control & ownership of a public limited company

Public limited companies have thousands (or even millions of shareholders)

  • Not possible for all shareholders to make decision of the company, therefore all shareholders are invited to annual general meeting (AGM) to ellect directors that form the Board of Directors (BOD)

  • Directors appoint managers for day-to-day operations

Divorce between ownership & control

Shareholders → Board of Directors → BOF appoints managers

Ownership → Control

  • Shareholders own; directors & managers control

  • Shareholders can’t influence decisions

  • Shareholders CAN replace directors but it brings bad publicity & loses stability as new directors may be inexperienced & may have contrasting ideas, goals and plans.


Joint Ventures

A joint venture is when 2 or more businesses agree to start a new project together, sharing the capital, risks & profits

Advantages of a joint venture

Disadvantages of a joint venture

Sharing of costs (reduced costs)

If new project successful, then profits will be shared

Shared risks

Possible disagreements over decisions

Local knowledge when needed

Different cultures & different methods


Franchising

Franchise : A business on the use of the brand names, promotional logos & trading methods of an existing successful business. The franchisee buys the license to operate this business from the franchisor.

  • The franchisee contributes capital, enterprise & management. The franchisor contributes original idea, use of brand name & products, and advertising & training.

Franchisor :

  • Large business

  • Product/service idea

  • Does not want to sell

  • directly to the public & appoints franchisees

Franchisee :

  • Uses franchisor’s product / service idea / logo / brand name

  • Buys license from franchisor & sells to the consumers

To the franchisor

To the Franchisee

Advantages

Franchisee pays for : expansion, shops & license to use the brand name

Reduced chance of failure due to the well-known brand & product

Rapid expansion than if the franchisor had to finance all new outlets

Advertising is paid by the franchisor

Management of the outlets is the franchisee’s responsibility

All supplies are obtained from a single source

All products sold (by the franchisee) must be bought from the franchisor → Major source of profit

Franchisor makes most decisions → fewer decisions to worry about

No operation of retail units or management

Training for the staff provided by the franchisor

Banks are often willing to lend to franchisees due to relatively low risk

Disadvantages

Poor management of one franchised outlet could lead to bad reputation for the whole business

Less independence than with operating a non-franchised business

Franchisee keeps profits from their outlet

Maybe unable to make decisions that would suit the local area

License fee paid & (possibly) a percentage of the annual turnover


Co-operatives

→ A group of people who enter business & share the benefits

→ A non-profit community organizations, consumer cooperatives, worker cooperatives

Public sector

  • Includes all businesses owned by the government & local government, & public services

  • 2 types → Public corporations & other public sector enterprises

  • Essential services owned by government → strategically necessary

Public Corporations

Their objectives :

  • keeps prices low

  • Keeps people in jobs to reduce unemployment

  • offer public services to ALL areas

Issues of these objectives :

  • Keeping to objectives costs huge amounts of money

  • Often huge loss-making

  • “Subsidies” often paid by government

Advantages of public corporations

Disadvantages of public corporations

Essential / necessary services owned & controlled by government

No private shareholder to insist on profitability & efficiency → no motivation

Natural monopolies → ensures customers aren’t taken advantage of

Subsidies lead to inefficiency : managers think that govt are there for bailout & unfair as subsidies are not given to private sector

Open business ready to collapse & secure job

Lack of incentive to : increase customer choice & to increase efficiency

Availability for public use → non-profitable

Used for political gain → offering more jobs during elections

^^Corporatization : ^^

  • Public corporations running as though it is in the private sector

  • Preparing for privatization

Municipal Enterprises:

  • Operated by local government

  • Some free ( paid out of local taxes) & some charged


AA

Chapter 4 - Types of business organizations

Forms of business ownership in the private sector

  • Partnerships: owned and controlled by two or more people

  • Private limited companies: owned, financed & controlled by between 2 & 50 people

  • Public limited companies (PLCs): owned, financed & controlled by a minimum of 2 shareholders with no maximum number of shareholders. (Open for the general public to buy shares)

  • Franchise: A business which has bought the right to trade under an established name

  • Sole Traders: Owned, controlled & financed by one person

  • Co-operatives: groups of people who enter a business & share the benefits

Unincorporated: Legally, the owner & the business are the same

Incorporated: The owners & the business have separate legal identities

Liability: the legal debt a company owes to third-party creditors


Sole Traders

  • Smallest most common type of business organization

  • Owned & operated by one person

  • CAN employ others but is the sole proprietor

  • Unincorporated

  • Unlimited liability

Advantages of a sole trader

Disadvantages of a sole

Few legal regulations

Unlimited liability

Own boss therefore complete control

money/finance

Freedom & flexibility

high costs

personal customer contact

lack of training & lack of specialists

Decision making

raising capital

profit & secrecy

long hours

Recommended for people who:

  1. Are setting up a new business

  2. Not much capital needed

  3. Personal contact with customers required (e.g. hairdressers)


Partnerships

  • Usually a small business, a little larger than sole traders

  • 2 or more people required to run a business, to make a profit

  • Maximum number of partners = 20

  • Sharing of losses & profits - split risk based on portion of capital invested by each partner

  • Unincorporated

  • Unlimited liability

Advantages of partnerships

Disadvantages of Partnerships

More Capital - expansion & growth

Unlimited liability

Shared responsibilities & decisions

Legal costs for making a partnership agreement

Losses shared by all partners

All partners liable for debts of the others

Greater opportunity for specialization

no separate legal identity

Easy to set up

Partnerships dissolved in partners leaving or through death

Less money needed by partners to set up

Decision of one partner binding on the rest

Can be a family run business

Limited access to capital

Accounts are kept private

Limit on the number of partners

Recommended for people who:

  1. I wish to form a business with others with few legal complications

  2. Family business

  3. Professional bodies not allowing formation of companies

Limited Partnerships

  • known as Limited liability Partnerships

  • Possible in some countries (eg uk)

  • Offers partners limited liability

  • Shares cannot be bought or sold

  • Separate legal identity

Partnership Agreement / Deed of Partnership is used to clarify:

  1. Amount of capital to be invested by partners

  2. Tasks of partners

  3. Profit sharing advantages

  4. Durations

  5. Absence / retirement agreements


Private limited company

  • Separate legal identity - separate accounts from owner

  • Denoted by: ‘Limited’, ‘Ltd’ or ‘Pty Ltd

  • Shares (represent % of ownership), owned by shareholders

  • Continuity

Legal formalities

Submit to ‘ Registrar of companies ’ TO GET ‘ Certificate of Incorporation ’

Articles of Association

  • Directors’ rights & duties

  • Rules for elections

  • Official meetings

  • Issuing shares

Memorandum of Association

  • Name

  • Address

  • Contact details

  • Objectives

  • Amount of share capital

  • Number of shares

Advantages of Private Limited Company

Disadvantages of Private Limited Company

Limited liability - less risk

Shares: Existing shareholders only, & transfer needs consent

Sale of shares

Less Privacy, as all accounts are sent to the Registrar of Companies

Separate legal Identity

Not available to the general public, therefore it isn’t possible to raise large amounts of capital for expansion

Original owner retains control

More ability to raise capital - expand faster

Continuity

Status

Recommended for people who:

For family businesses or partnerships who want to expand further with no loss of control & reduced risk to their own capital


Public limited company

  • Very large businesses

  • Private sector (not owned by govt)

  • Denoted by : ‘PLC’, ‘plc’ or ‘inc

  • selling of shares to general public

Advantages of public limited company

Disadvantages of public limited company

Limited liability

Legal formalities are complicated & confusing

Incorporated business

Regulations & control - protect shareholders’ interest

Separate legal unit

Lack of privacy - publication of accounts

Continuity

Difficult to control & manage

raise large amounts if capital to expand internationally

Expense of shelling shares to the public - specialist bank, merchant bank, prospectus

No limits of amount of shareholders

original owner may lose control

easy to buy, sell & transfer shares

higher status

easy to attract suppliers & loans

Memorandum of association = A document containing all fundamental information which are required for the incorporation of the company

Articles of association = A document containing all the regulations that governs the company

Converting from private to public

  • Memorandum of association - ensure statement clause allowing conversion to public limited

  • Certain minimum amount of shares must be issued

  • Accounts must be available to the public & must have a specific layout

  • Stock exchange

    • apply for a listing

    • easy for buying

    • trading record

    • ensure it is not poorly operated

  • Prospectus

    • invitation to the public

    • buy shares in the company

    • detailed document

    • past record

    • plan for the future

    • reasons for raising capital

    • how capital will be spent


Control & ownership of a public limited company

Public limited companies have thousands (or even millions of shareholders)

  • Not possible for all shareholders to make decision of the company, therefore all shareholders are invited to annual general meeting (AGM) to ellect directors that form the Board of Directors (BOD)

  • Directors appoint managers for day-to-day operations

Divorce between ownership & control

Shareholders → Board of Directors → BOF appoints managers

Ownership → Control

  • Shareholders own; directors & managers control

  • Shareholders can’t influence decisions

  • Shareholders CAN replace directors but it brings bad publicity & loses stability as new directors may be inexperienced & may have contrasting ideas, goals and plans.


Joint Ventures

A joint venture is when 2 or more businesses agree to start a new project together, sharing the capital, risks & profits

Advantages of a joint venture

Disadvantages of a joint venture

Sharing of costs (reduced costs)

If new project successful, then profits will be shared

Shared risks

Possible disagreements over decisions

Local knowledge when needed

Different cultures & different methods


Franchising

Franchise : A business on the use of the brand names, promotional logos & trading methods of an existing successful business. The franchisee buys the license to operate this business from the franchisor.

  • The franchisee contributes capital, enterprise & management. The franchisor contributes original idea, use of brand name & products, and advertising & training.

Franchisor :

  • Large business

  • Product/service idea

  • Does not want to sell

  • directly to the public & appoints franchisees

Franchisee :

  • Uses franchisor’s product / service idea / logo / brand name

  • Buys license from franchisor & sells to the consumers

To the franchisor

To the Franchisee

Advantages

Franchisee pays for : expansion, shops & license to use the brand name

Reduced chance of failure due to the well-known brand & product

Rapid expansion than if the franchisor had to finance all new outlets

Advertising is paid by the franchisor

Management of the outlets is the franchisee’s responsibility

All supplies are obtained from a single source

All products sold (by the franchisee) must be bought from the franchisor → Major source of profit

Franchisor makes most decisions → fewer decisions to worry about

No operation of retail units or management

Training for the staff provided by the franchisor

Banks are often willing to lend to franchisees due to relatively low risk

Disadvantages

Poor management of one franchised outlet could lead to bad reputation for the whole business

Less independence than with operating a non-franchised business

Franchisee keeps profits from their outlet

Maybe unable to make decisions that would suit the local area

License fee paid & (possibly) a percentage of the annual turnover


Co-operatives

→ A group of people who enter business & share the benefits

→ A non-profit community organizations, consumer cooperatives, worker cooperatives

Public sector

  • Includes all businesses owned by the government & local government, & public services

  • 2 types → Public corporations & other public sector enterprises

  • Essential services owned by government → strategically necessary

Public Corporations

Their objectives :

  • keeps prices low

  • Keeps people in jobs to reduce unemployment

  • offer public services to ALL areas

Issues of these objectives :

  • Keeping to objectives costs huge amounts of money

  • Often huge loss-making

  • “Subsidies” often paid by government

Advantages of public corporations

Disadvantages of public corporations

Essential / necessary services owned & controlled by government

No private shareholder to insist on profitability & efficiency → no motivation

Natural monopolies → ensures customers aren’t taken advantage of

Subsidies lead to inefficiency : managers think that govt are there for bailout & unfair as subsidies are not given to private sector

Open business ready to collapse & secure job

Lack of incentive to : increase customer choice & to increase efficiency

Availability for public use → non-profitable

Used for political gain → offering more jobs during elections

^^Corporatization : ^^

  • Public corporations running as though it is in the private sector

  • Preparing for privatization

Municipal Enterprises:

  • Operated by local government

  • Some free ( paid out of local taxes) & some charged