I would advise Shania that an LLC would be the best form of business to accomplish her goals. Shania wants to open a Christian coffeehouse and already has a name in mind. Colorado LLC laws allow LLCs to be formed with one or more members, taxes them at a lower rate like partnerships and sole proprietorships, and provides the members with lower liability that protects them from the company’s debt (Scrofano, n.d.). This form of business will give Shania the ability to name her company what she wants and run it how she wants. The limited liability is also desirable. The other options have faults which I would explain to Shania. A sole proprietorships major downfall is the fact that the owner and company are the same legal entity, the “sole …show more content…
You must meet their demands as laid out in the franchise contract. These rigid operating requirements can include the company name and how you conduct your business. This goes directly against Shania’s desire to run her business as a Christian coffeehouse under the name she picked out. The franchise has its benefits, such as the training she is offered; but it takes away her ability to shape it in the way she wants. Opening it independently insures that she can buy what she wants, run it how she wants, and sell what she wants in what she believes is a Christian manner. I utilized the name availability search and found that the name ‘the gathering place LLC’ is available in the state of Colorado, LLC was included because it distinguishes the name and is a required term for LLC’s (Colorado Department of State, n.d.). I also utilized the advanced search for trademarks and found it to be available in the form of ‘the gathering place LLC’ (Colorado Department of State, n.d.). I would suggest that Shania consider a different name as there are additional business in Colorado with ‘the gathering place’ in their name. This presents potential problems such as people confusing her business with those other businesses. Shania faces an interesting dilemma regarding the people interested in being included in her business. The first interested party is her husband who is willing to give Shania money to start the business, but does not want to contribute as an
| It is impossible to add additional owners and to pass on business, business dies with owner. A single owner
Betty Wilson’s venture of opening a Christian Coffee House in Belmont, NC, presents her with abundant opportunities in selecting a business form. She is considering the following types of entities: 1) franchise, 2) sole proprietorship, 3) partnership of some sort, 4) corporation of some sort, 5) LLC, or 6) even as a joint venture. We will briefly explore each business option and give Betty concise recommendations as to what business form to pursue as well as what business partners to engage.
10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.
BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers" 10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.
Therefore, I wanted her to know that a franchise is a “business arrangement between an owner of a trade name or trademark and a business that sells goods or services under the trade name or trademark” (Kubasek et al,.2016). Moreover, this arrangement usually requires the business owner to pay a fee, and a percentage of gross sales usually between 3-10 percent in return for the franchise’s reputation, the use of strong national or global advertising, merchandise, supplies, equipment, and intensive training by proven professionals (Cavaliere & Swerdlow,1988). Furthermore, the business owner is buying into an already proven formula with relatively low risk and a high success rate of 87.5 percent compared to independent business owner’s success rate of 23 percent over a 5-year period (Hoffman & Preble,1993). However, drawbacks do exist for the franchisee such as losing their franchise if they are not in compliance with the rules of the franchisor or upholding the franchise’s standards. In addition, if the franchisor or the franchisee does not fulfill the terms of the contract either party can sue for breach of contract dictated by contract law or the Universal Commercial Code (Kubasek et al,.2016). Even though franchises offer a litany of favorable reasons for motivated entrepreneurs to engage in, my recommendation to Shania would be to open the Christian coffee shop independently so that she can have more control and not be limited in cultivating the Christian environment that she
Jennifer and I had some similarities and differences in our discussion post. We both recommended sole proprietorship for Shania’s business. Sole proprietorship is an unincorporated business owned and ran by one individual with no distinction between the business and the owner (U.S. Small Business Administration, (n.d.). We both agree that since Shania’s husband, Marvin has no interest in contributing to the business, her being the sole business owner would be most appropriate for her business goals. One point Jennifer made about the business was that once it takes off, Shania needs to expand location, products, etc., she could also form a partnership when that opportunity arises. Jennifer makes a valid point because Shania does not always
In this case Stan is thinking about starting a toxic waste disposal business. He is considering operating this business as a sole proprietorship. Although this is a valid business organization it also carries numerous disadvantages, if not all aspects of the company are taken into account. I will explain some possible conflicts Stan can encounter as a sole proprietorship, and I will recommend an alternative form of business organization that may become more beneficial. After taking into consideration the two different operations I will come to a
A coffee business targeting the Christian market segment does not need such complex organizations because of its functional simplicity and scope. In other words, only large-scale organizations can opt for these choices.
I would like to partner with Miller Kitchen and Bath to form an S Corporation. This can
After the creation of a business plan, the next step to operating a business is the selection of an appropriate business structure. Different legal forms of business ownerships affect different managerial and financial factors from the business names to the tax obligations (Gregory, n.d.). The most common forms are sole proprietorship, partnership, cooperatives, and corporations. There are different types of corporations in the business world, but the two most general corporation types are S Corporation and Limited Liability Company (LLC) (Ferrell et al., 2013). The sole proprietorship is the easiest and most basic form of business ownership. It is owned and run by one individual, which is the proprietor. The individual is entitled to all profits and is responsible for all the business’s
of State Office business name, trademark, and trade name records database, I found a number of records for businesses named ‘The Gathering Place’. Both ‘The Gathering Place: A Refuge for Rebuilding Lives’ (Col. Sec. Stat. 20131400199, 2013) and the ‘The Gathering Place Church’ (Col. Sec. Stat. 20131131269, 2013) hold effective - currently valid - trademarks and trade names to the phrase ‘The Gathering Place’ with an extension to the phrase such as ‘church’ or ‘a refuge for rebuilding lives’. Although, the formerly listed companies’ phrases maybe distinct enough from Mrs. Jackson to use the phrase ‘The Gathering Place’, the Good Standing status of a company with the name ‘The Gathering Place Inc.’ (Col. Sec. Stat. 20141495695, 2014) would not allow Mrs. Jackson to use the phrase as the name of her business. Based on this finding she will not be able to use ‘The Gathering Place’ for her business. And even if she was able to obtain use of the name, the numerous businesses associated with differing adaptations of the phrase in conjunction
Peter Nicholson wishes to convert the factory in the north east to production of the electric taxi. Using data in Appendix C, Table 1, calculate payback period and the average rate of return.
Spokane Industries has contracted Franklin Electronics for an 18 month product development contract. Franklin Electronics is new to using project management methodologies and have not been exposed to earned value management methodologies. Even though Franklin and Spokane have worked together in the past, they have mainly used fixed price contracts with little to no stipulations. For this project Spokane Industries is requiring Franklin Electronics to use formalized project management methodologies, earned value cost schedules, and schedules for reports and meetings. Since Franklin Electronics had had no experience with earned value management, the cost accounting group was trained in the methodology in order to bid for the
After reviewing the pros and cons to LLC and corporation business structures, as well as the business strategy of the McGee Cake Company, I would recommend to Doc and Lyn that they form a corporation to move the company forward. Although initial set of a corporation up may be complicated and have some cost, the potential for the company is great. The scope of the possibility is what makes the corporation
In reading the first article Coach Knight: The Will to Win, I found the article found Coach Knight to be very offensive and mean to his players. Coach Knight did not display good leadership skills. According to the article, Coach Knight’s drive and passion for excellence was not always received as well as his record of wins and losses Snook, Per low, Delacey, 2005).