OUTLINE OF THE MEMORANDUM
This memorandum outlines the various options available to the three persons in the establishment of their business. The memorandum recommends the use of the limited partnership (LP) as the most appropriate business model in the circumstances. This choice, as outlined in the memorandum herein, is informed by the special circumstances that the business is intended to be run and conducted.
INTERNAL MEMORANDUM
To: Senior Partner
From: Nouf Alhamadi
Date: 30th September, 2016
Subject: Legal Entry Applicable to get the proposes Venture Started (File Ref. No. 234/2016)
I have reviewed California Law as far as the legal incorporation of business entities is concerned and noted that there are several options available to the three persons. As you will notice from my analysis, I will majorly focus on issues to do with effective management of the proposed venture, access to funding, control of business decisions, taxation and liability of the members. The options available to the three persons include;
a. A General Partnership,
b. A Limited Partnership (LP)
c. A Limited Liability Company (LLC),
d. An S Corporation, and
e. A C Corporation.
I will now proceed to compare and contrast the various methods of organizing the proposed business venture;
1. A General Partnership
This is a business entity which is easy and less expensive to form, and which can or cannot be registered by the partners. The liability of all partners is unlimited.
| A general partnership is comprised of a group of two or more individuals who enter into an agreement to start a business. The partners and the business are legally the same. The partners enter into an agreement called the articles of partnership and are typically equally active in the business and the business’s management, unless otherwise stated in the partnership agreement. All profits and losses are shared by the partners in a joint business venture.
As a hybrid of partnerships and corporations, LLC’s provide limited liability for debts and flexibility to be taxed as a partnership or corporation (Staring and Naming a Business Presentation, 2012, Slide 5). Some specific advantages include being empowered authorities in the management of the business, diversity of members, limited liability, pass-through taxation, and less paperwork (appreciated by many). A drawback of this business structure is the need for a tailored operating agreement that specifies the specific needs of the
Dave & Buster’s, Inc. utilizes various systems for its day-to-day functions. Because the technology in the organization must support restaurants, warehouses, and the corporate office, several systems must be integrated to work together to support all the activities of the organization. Dave & Buster’s restaurants, known as stores, require detailed point-of-sale, or POS systems, labor systems, and inventory systems designed for restaurant use. Warehouses require inventory systems, which also tie into the financial system. The corporate office requires a financial package that supports approximately $521 million in revenue per year and inventories of
The benefits of Partnership Company are that business is anything but difficult to build up and start-up expenses are low. There is more capital accessible for the business. Workers that are of high-bore are made accomplices. The burdens are that the obligation of the accomplices for the obligations of the business is boundless . There is additionally danger of differences and contact among accomplices and administration. Every accomplice is an agent of the partnership and is at risk for activities by different accomplices. This means that it brothers choose this type, they will be responsible for each other’s action irrespective of the fact whether they like it or
Our business is a partnership type of business because it’s owned by two people. Through our partnership, we will increase the level of our business, making decisions and implementation of changes can be fast, and we cover each other for holidays and
Forming a business entity requires a great deal of knowledge before any decision is made. There are advantages and disadvantages to each entity and without proper understanding of what they are, individuals could make costly errors and forfeit crucial perks that would be in the businesses best interest. In the situation in New State, Alex, Bill, Carl, and Devon have inherited their father’s operating organic farm and seek advice, in regards to which form of business organization would best fit their particular criteria. They have emphasized their immediate concerns, wants and needs from a business standpoint, but also stress their strong faith to uphold and operate in accordance with the Christian worldview. Their criteria is as follows, (1) create an entity which averts formalities or complexities, (2) develop a structure allowing cousin Xavier to handle the day-to-day, (3) minimize taxes on the entity, (4) avoid any personal liability, (4) keep business in the family only, (5) remain in accordance with the Christian worldview, (which will be the final topic in this discussion). After reviewing all criteria, it will be advised that forming a limited liability company (LLC) and electing for an S corporation status would be of best interest for the family. Discussed below, is the strengths and weaknesses of each form of business organization as it applies to their unique situation, to help better understand why an LLC/S corporation, is the best form of
3. Describe two methods that you can use to calculate postage charges for mail and / or packages. [2.3]
CHAPTER 21 PARTNERSHIPS SOLUTIONS TO PROBLEM MATERIALS | | | | |Status: | Q/P | |Question/ |Learning | | |Present |in Prior | |Problem |Objective |Topic | |Edition |Edition | | | | | | | | | | | | 1 LO 1 Partnership definition New 2 LO 2 General partnership versus LLC New 3
In addition to identification and prevention, there are products that can be used in order to prevent occurrence of HAPUs. The purpose of this project is to implement use of foam dressing called Mepilex Border proven to help prevent pressure ulcers when used in addition to the prevention protocols by redistributing pressure, reducing friction, and providing an optimal microclimate. It combines antimicrobial action of ionic silver with soft silicone adhesive providing healing and reduced pain (Barrett, 2009). Mepilex dressing can be repositioned after skin assessment making it easy to assess the wounds without need for reapplying new dressing after each assessment.
Part II: Make your recommendation as to what form of organization you believe will be best and be sure to explain the reasoning for your choice.
I am a concerned citizen of New York State and also a developmental psychologist specializing in stages of development in adolescents. I am writing to you because I was just made aware that, in NYS, adolescents still could receive the death penalty as a result of them committing a heinous crime. I believe during this particular stage of development, an adolescent is not fully capable of understanding the magnitude and seriousness of such an act. Psychosocial maturity is reached around the age of 24 that is when adolescents enter adulthood. Reaching cognitive maturity around the age of 16 does not assure maturation because the two structures develop at different rates and serve two different purposes, thus you need both
a general partnership. It should be noted, however, that the specific steps and requirements to start an
In setting up a new business the first step is setting up the best business structure for the need of the business. There are many different things that need to be looked at in order to determine the correct entity that will be used. Will there be partners is a big question in this determination, another questions which is the most correct for the business legally. Another consideration needs to be the legal liability as well as the tax liabilities in considering the best choice for the entity of the business.
The company that is listed as number one on the Fortune 500 list is Wal-Mart. This company has much strength that makes it very interesting for investment. Wal-Mart was founded by Sam Walton in the 1950’s and faced competition among many regional discount stores. In 1962 Wal-Mart officially began with its first store in Rogers, Arkansas. Wal-Mart now has over 600 discount stores in the United States and stores located in 28 countries. No matter the size of the company its purpose has not changed over the years. Mr. Sam Walton said, “If we work together, we’ll lower the cost of living for everyone... we’ll give the world an opportunity to see what it’s like to save and have a better
New business with more than single owner may consider being Limited Liability Company or general partnership. General partnership requires two or more people to agree to own and run a company for profit where management duties are shared among them including profits and loss. In contrast, a single member can own, manage and operate Limited Liability Company. A limited liability company with single owner can easily set up business strategies and guidelines without getting approval from anybody. General partnerships are not mandated to be registered with Registrar of companies. Partners are expected to disclose information to one another according to The Partnership act 1890 which applies to general partnership. Limited Liability Company is treated as a separate legal entity according to companies Act 1985. General partnership are formed when the partners begin business activities and not formed by state