Types of Business Owner Ships

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    SOLE TRADERS

    About sole tradersAdvantages and Disadvantages

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    ABOUT SOLE TRADERS

    Definition : A form of business in which one

    person owns all the assets of the business.

    Sole trader is also known as sole proprietor. Sole traders are the most common form of

    business.

    S

    ole traders is own & control by one person. They may work alone or may employ other

    people to run the business.

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    Start up capital for a sole trader is usually

    obtained from personal savings & borrowing. The business is unincorporated the owner is

    legally the same as the business.

    The sole trader could end up losing his / herpersonal possessions if the firm collapse.

    Sole trader does not pay corporate taxes but

    pays self employment taxes on the profit made No legal formalities involved in setting up the

    business.

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    However, under the Business NamesAct 1985, the owner must conform to 3

    basic requirement :

    1. The name of owner must be displayed on all

    business documents.2. The owner must disclose information relating

    to ownership to anyone who has dealingswith the business.

    3. A notice concerning ownership must bedisplayed in the business premises.

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    Advantages

    E

    asy to set up Owner has complete

    control

    Owner keeps all profits

    More flexible time &

    pattern of working

    More privacy

    Personal contact withstaff & customers

    Financial advantages in

    term of lower taxes &

    accountancy fees.

    Disadvantages

    Limited source offinance

    Unlimited liability

    Lack of continuity

    Workload & stress

    Full personal

    responsibility for

    decision & for the debtof business

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    partnerships

    PartnershipsDeeds ofPartnerships

    Advantages ofPartnerships

    Disadvantages ofPartnerships

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    PARTNERSHIPSPARTNERSHIPSGeneral Partners

    - manage the business

    - equally liable fordebts

    Silent Partners

    - invest in the businessbut do not managethe business

    - only interfere whenthe entity losesmoney

    Limited Partners

    - may invest but notdirectly involved inmanagement

    - liable only to theextent of theirinvestments

    Sleeping partners

    - involved in the businessbehind the scene

    - question every decisionother partners make

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    PARTNERSHIPS

    - Does not pay income taxes

    - Each partner has to report their share of business

    profits or losses on their individual tax return

    - An unincorporated business organisation

    Ownership - 2-20 persons (professions such assolicitors and accountants cannot have shares in this

    entity)

    Finance - Personal funds of each partner

    - Can pool their funds together unlikesole traders

    - Raise money from silent partner

    Liability - unlimited liability but shared among

    partners

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    DEED OF PARTNERSHIP

    ~Without it - profits and losses must

    be shared equally

    among partners

    - each partner has thesame rights in the

    running of the

    business

    can cause problemsand disagreement

    ~With it , these are included; - amount of finance

    contributed by each

    partner

    - the roles, obligations, and

    responsibilities of each partner

    - how profits and losses will be

    shared among the partners

    - conditions to

    introduce new

    partners

    - clauses for the withdrawal of a

    partner from a business

    - procedures for ending

    partnership

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    ADVANTAGES OF

    PARTNERSHIPS- More financial strength; more people who can

    invest yet still quite easy to set up.

    - Have division of labour and specialization so

    The firm's client base is likely to be much

    larger.

    - More financial privacy; do not have to to

    publicize their records.

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    DISADVANTAGES OFPARTNERSHIPS

    - Unlimited liability; problem occurs whendeciding which partner's personal assetsshould be used to repay debts.

    - Harder and it takes longer to make a desicion.May cause disagreements and confict.

    - Lack of continuity if partner dies or leaves the

    firm.- Must have a huge amount of mutual trust.

    - Difficulties in raising capital.

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    company

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    Companies are more commonly known as

    corporations in n. americasometimes called joint-stock companies because the

    shares(stocks) are jointly held by numerous people

    /institution.

    Businesses that are owned bytheir shareholderscompanies

    Individuals / businesses that

    invested their money to providecapital 4 a company

    Shareholders

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    Incorporated business

    There are differences between

    shareholders(owners) and business itself.Company is separate entity thus has its own

    legal rights and duties

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    Limited liability

    Shareholders do not have to bear theresponsibility of the companys debt thus willnot tend to lose personal belongings if the

    company goes into arrears. Maximum loss 4 shareholders

    Lose value of investment

    there are limits to how much they can losethis is to safeguard investors in the stockmarket -imagine-

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    Settingup

    Setting up companies-complicated and expensive

    Rules and regulations to obey in order 4 shares to be

    sold on the stock exchange.

    Such legislation is to protect investors in businessthey do not run or control

    Board of directors is elected based on their skills and

    expertise

    One share =one vote

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    limitedcompanies

    This term used to clarify all companies have

    limited liabilities

    There are two types of limited companies

    private limited companies

    Public limited companies

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    Private limitedcompany

    Cannot raise share capital from general public

    Shares sold to private family members and friends

    Word ltd or limited after its name

    Shares cannot be traded without agreement from BoD

    -Directors maintain overall control of business

    Advantage-greater control as shares cannot be traded

    -cheaper to set up than public ltd.

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    Public limitedcompany

    Able to advertise and sell its shares to general public

    Carry letters PLC after its name

    Disadvantage- theres dilution of control

    shares owners ability to control business

    -exposed to takeover bids from other

    investors that seek majority stakes

    in the company

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    Before commencing trading

    both public & private ltd. Company must produce

    2 doc. The Memorandum of Association

    - fundamentals details of company

    e.g: name, main purpose, registered address, original

    amount of share capital invested

    TheArticles of Association

    - stipulates internal regulations & procedures of company

    - Details include:-rights-roles & power of theBoD+shareholders

    -administrative issues; eg: conduct of AGM, procedures to

    appoint directors-how profit distributed.

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    Floatation

    Occurs when business first sales all/part of business

    to shareholders

    Allows it to be listed on a stock exchange-generatesadditional source of finance

    example: ICIB

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    Whybuysharesin ltd.

    Company?

    Dividends

    Capital growth

    Voting power

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    Annualgeneralmeeting (AGM)

    Three main process:

    Shareholders;

    -vote on resolutions re-elect the BoD

    -ask questions to CEO, directors, chairperson

    about various aspects of the company

    -approve the previous yaers financial accounts

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    Annual Report & FinalAccounts

    Reporting of profits or losses

    Assets of business

    Where cash has been spent during the year

    -accounts are scrutinized by external auditors

    (chartered accountants) before distributed to

    shareholders

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    Advantagesofcompanies Can raise large amount of capital by selling shares. The money raised through selling shares become permanent

    capital.

    The initial income from selling shares stays with the company.

    Due to limited liability, easy to attract private & commercialinvestors

    Benefit from continuity. This is due to (divorce of ownership and

    control), any problems with an owner, the company could still

    continue as a separate entity from that owner. Directors own large amount of shares, thus they have incentive to

    perform well to achieve capital growth & dividends from the shares

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    Due to larger scale business, can benefit from economies of

    scale

    example:It is cheaper for company to borrow money thanother form of business, because commercial lenders see it as

    less of financial risk.

    Can hire specialist directors & managers . Employ specialist

    staffs- marketers, lawyers, accountants thus can productivity

    of business

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    Disadvantagesofcompanies

    Financial information provided to all shareholders-time consuming &expensive exercise no privacy

    More bureaucracy involved in setting up ltd company

    e.g: preparation of the 2 doc.

    At least 25% is paid for business use.e.g: lawyers hired to ensure documents is legally accurate, advertising

    and promotion of companys share floatation, hosting AGM.

    Dividends only paid to shareholders when profit. Even if there is, the

    BoD may decide to retain it 4 financing projects. Communications problem. When the firm is large, services and

    relationships may become impersonal to both customers and

    employees.

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    cooperative

    CooperativesIdentity ofCooperatives

    Advantages ofCooperatives

    Disadvantages ofCooperatives

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    COOPERATIVES- A legal entity owned and democraticallycontrolled by its members

    - Members often have a close association with theenterprise as;

    (a) producers

    (b) consumers

    (c) employees

    - Often share their earnings with the membershipas dividens not according to the value of their

    capital shareholdings.

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    ADVANTAGES OF COOPERATIVE

    - Exists for the benefits of its patron members- Members have a financial interest in the success of thecooperative as they are also the owners

    - Members have a voice in the control of the

    organization; thus providing the kind of servicethey want.

    Thus,

    - tie the patrons to the organization by making

    them full partners

    - help build an assured volume of business

    -

    efficient operation of the cooperative

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    DISADVANTAGES OFCOOPERATIVE

    - Limited flexibility for the manager to operatethe co-op; a real disadvantage in competitionwith a

    commercial business.

    - Lower salary cannot hold competent managers

    and other employees.

    - The mass of members may lose interest in

    running the organization

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    HOLDINGCOMPANYWhat is Holding Company?

    Advantages ofHolding Companies

    Disadvantages ofHoldingCompanies

    Examples

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    Whatisholdingcompany?A holding company is a company that

    controls other companies but is not involved

    in their day to day running.

    It is a company or firm that owns othercompanies' outstanding stock.

    It usually refers to a company which does

    not produce goods or services itself, rather itsonly purpose is owning shares of other

    companies.

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    This doesn't mean that the holding companyowns all of the subsidiary's stock, or even a

    majority of it.

    However, holding companies that control 80% or

    more of the subsidiary's voting stock gain the

    benefits of tax consolidation, which include tax-

    free dividends for the parent company and theability to share operating losses.

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    AdvantagesofHoldingCompanies

    Acquiring a controlling interest in a subsidiary

    Holding companies allow the reduction of risk for theowners and can allow the ownership and control of anumber of different companies.

    The ability to control operations with a small percentage ofownership and, thus, smaller up-front investment

    Holding companies can take risks through subsidiaries, and

    limit this risk to the subsidiary alone rather than placing theparent company on the line

    Expansion can happen through simple stock purchases inthe public market, which avoids the difficult step of gaining

    approval from the subsidiary's board of directors

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    DisadvantagesofHolding

    Companies If less than 80% of the subsidiary is owned by the parent,

    the holding company pays multiple taxes on the federal,state, and local levels

    A holding company can be forced to dissolve more easilythan a single merged operation

    A holding company may expand through the use ofleverage or debt, building a complex corporate structure

    that can include unrealized values, and creating a risk ifinterest rates on debt or the valuation of the assets postedas collateral for loans change dramatically.

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    EXAMPLE;Signature GlobalHol Sdn. Bhd.

    Type: Manufacture

    Main Category: Business Services > OtherBusiness Services

    Main Products: Web Design, E-Commerce, Web

    Maintainance, Trading, RetailYearEstablished: 2009

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    franchiseWhat is Franchise?How Franchising works?

    Advantages of Franchise

    Disadvantages of Franchise

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    How FranchisingWorks

    The franchisee purchases a franchise from the"franchisor"

    The franchisee must follow certain rules andguidelines already established by the franchisor

    In most cases the franchisee must pay anongoing franchise royalty fee, as well as an up-front, one-time franchise fee to the franchisor

    AdvantagesofBuying a

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    AdvantagesofBuyingaFranchise

    o Corporate image - The corporate image andbrand awareness of the company is alreadyestablished. Consumers are always morecomfortable purchasing items from a familiar

    name or company they trust.o Training - The franchisor usually provides

    extensive training and support to the franchiseowner.

    o Savings in time - Since the franchise companyalready has the business model in place you canfocus on running a successful business.

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    DisadvantagesofBuyingaFranchise

    Cost-The initial cost of a franchise can be$50,000 or more on top of the cost ofequipment, inventory, and business space.

    franchisees to pay ongoing a percentage inroyalties or franchise fees

    Operational Restriction-Franchisors place anumber of restrictions on their franchiseesincluding limitations on products, pricing,employee performance and policies, territory,marketing, and other areas critically importantto the success of the business.

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    Guilt by Association-Name recognition canalso be a hindrance to the business,

    particularly if the other franchises or thefranchising company itself is receiving bad

    press or suffering from a poor publicperception.

    Limited Growth Potential-Unable to expandto surrounding areas by purchasing another

    franchise due to the territorial rights of otherowners within the franchise

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    JOINT VENTUREDefinition

    C

    haracteristicsTypes

    Duties and Rights

    Advantages

    Disadvantages

    Joint Venture VS Partnership

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    WhatisaJointVenture?

    Definition :

    A contractual agreement between two or more

    people or companies in executing a particular

    business projects where all parties agree to sharethe profits, losses, risks and rewards.

    They combine their efforts, ideas, or property for a single

    project or related series of transactions. Joint ventures can range from a small activity to a huge, multi-

    million dollar project.

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    Types of Joint Venture ??

    Joint ventures are formed in all kinds of business realms.

    Examples include:

    Private persons - For example, independent contractors can

    combine resources through a joint venture to get a major

    contract to build a housing development.

    Corporations - For example, General Motors and Volvo Trucks

    formed a joint venture to build heavy duty trucks. This is a

    joint venture instead of a partnership because the two

    companies conduct business separately except for this relatedseries of transactions (manufacturing trucks).

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    Whataretheirdutiestooneanother??

    Parties in a joint venture have duties to one another. Suchduties include:

    Fiduciary duty - A fiduciary duty basically means thateach party has a duty to act in the best interests of allinvolved. Acting for your own best interests is a breachof fiduciary duty (which can also be a breach ofcontract if the joint venture was formed by a contract).

    Disclosure - All information regarding the joint ventureshall be disclosed to the involved parties. This becomesan issue when certain trade secrets, patents, or othersensitive information is involved.

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    Liability - If a third party is affected by the

    joint venture, all parties involved are equally

    liable. For example, a joint venture is formed

    to construct a building. During construction, a

    brick falls and injures a pedestrian. All jointventurers would be liable for the pedestrians

    injury.

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    WhataretheRightsofJointVenturers??

    Parties in a joint venture have certain rights. Such rights include:

    Equal control, influence, and power over the project ortransaction.

    However, the contract can give one party complete control.

    Equal ownership of the project (and thus equal shares ofprofits and expenses).

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    Advantages???

    By teaming up with other people or

    businesses in a joint venture, you can:

    extend your marketing reach

    access needed information and resources

    access new markets that would beinaccessible without the partner

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    Disadvantages??

    Unable to identify clear objectives (visions and

    goals) of their joint venture results in

    divergent goals.

    Absence of mutual trust and acceptance.

    One or more partners depending on the other

    partner to complete the project.

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    JointVenture VSPartnerships

    JV teamed together for particular projects BUTPartnerships joined together to run a business incommon.

    Partnerships just aimed in making profits BUT in JV, notjust the profits that binds them together but also otherspecific purposes (e.g. R&D).

    Partnerships lasts for many years BUT for JV, they arefor limited period only until goal has been achieved.

    Partnerships, they belong to only ONE group WHEREAS for JV, they belong to their respective firms orproperty.