Question 1:
(1) The main advantages & disadvantages for Josh and Luke for Sole Trader are as follows:
Advantages:
• Private information:
All the information, figures and books are kept private.
• Control:
A sole trader is fully owner and controller of the business.
• Profit:
All the profits are collected by Sole trader.
• Decision:
A sole trader can take decisions for himself alone.
Disadvantages:
• Liability:
If the business is in debt, all the liability is on the sole trader.
• Decision:
Decision taken by sole trader whether they tend to be Success or Failure will be on one person. • Finance:
Raising the fund or investing into business is usually hard for a single operator.
• Employees:
Getting employees of high calibre is difficult.
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• Keeping records of everything is increased in Pty. Ltd.
• Australian securities and investment commission and Corporation Act Pty. Ltd. must follow a lot of rules and regulations.
(3) The main advantages & disadvantages for Josh Luke Ltd. are as follows:
Advantages:
• Separate Entity:
Under Ltd. companies are solely separate legal entity from the respected owners.
• Advantages of Tax:
21% of tax rate applies only to the profits of a company.
• Control:
In Limited companies, directors are also the shareholders so decision taking power are with them, taking control over things is easy.
• Shareholder Employees:
In some of the scenarios shares of the company can be purchased by the employees and they can also become shareholders.
Disadvantages:
• Accounts:
Keeping records and accounts in a Limited company is much more complex than the sole trader.
• Capital Raising:
There is restriction on raising the capital by selling share of the company in Limited company.
• Dilution:
Due to maximum number of shareholders and directors, power of decision making is distributed which usually cause disputes which can lead to dilution of the
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Section 161(1) states that proprietary company limited by shares can only change to:
• unlimited proprietary company
• unlimited public company
• public company limited by shares
Hence, Josh Luke Pty Ltd can be converted to Josh Luke Ltd. Step 2: Procedure of Changing Company type: Company Resolutions
A company must pass a resolution , resolutions are designed as all company members taking decisions. Corporations Act 2001, signifies that there are two types of resolutions that are ordinary and special.
To change a proprietary limited to a limited company, resolutions must be passed. To pass a resolution a company’s must follow these steps:
• Over a meeting in which minimum member of company must be present.
• In a month period the resolution is put into company’s records.
• The chair of the meeting must sign the minutes of the meeting.
Josh Luke Pty Ltd must pass the Special Resolution, to change the company to Josh Luke Ltd.
To change the company type, winding up the company or to change the company name, companies are obligatory to special resolution. Special resolution is only passed when more than 75% of the members votes to pass the
There are three internal and one external governance mechanisms used for owners to govern managers to ensure they comply with their responsibility to satisfy stakeholders and shareholder’s needs. First, ownership concentration is stated as the number of large-block shareholders and the total percentage of the shares they own (Hitt, Ireland, Hoskisson, 2017, p. 317). Second, the board of directors which are elected by the shareholders. Their primary duty is to act in the owner’s best interest and to monitor and control the businesses top-level managers (Hitt, Ireland, Hoskisson, 2017, p. 319). Third, is the
21.Boutique Corporation would like to change its corporate status to avoid income taxes at the corporate level. To
Because the general partner holds majority of the interest and the limited partners are prohibited for participating in the control of the business.
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SOLE PROPRIETORSHIP: Has only one owner. Easy to start up. Some of the advantages are: owners may do whatever they want to with the business and if they want to go on vacation they can. One of the disadvantages they cannot bring in another person to help run the business. This business form is particularly common.
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The thesis deals with the above concepts and discusses how the Companies Act 71 of 2008 (the Act) modified the law, particularly, by extending the legal capacity of a company and extinguishing or modifying the above rules which had previously restricted a company's ability
Learning Objective 1.2 ~ discuss the different types of companies which may be formed under the Corporations Act 2001
2. The major advantage of a regular partnership or a corporation as a form of business organization is the fact that both offer their owners limited liability, whereas proprietorships do not. B. False
The company believes that the executives and directors should own the stocks. In order to be a stockholder,
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When the sole proprietor incorporates, it gives advantages and disadvantages. The advantage is that the owner can sales shares to investors and raise capital. Moreover, with an incorporated business the owner and the employees can benefit from health insurance, workers compensation, insurance against accidents, etc. Another advantage of incorporating the business is that it guarantees the safety of the personal assets. For example, if there is an accident or the business defaults on the bank loan, only the business will be liable. The personal assets such as your house or car will not be
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Private limited company is a legal and juristic person established under companies Act. Private limited company is of two types ,which are by shares and by