Choosing a suitable business structure For Coral Jones and James Tran (C & J) who are thinking of starting up a new business, the ability to raise and solicit funds and operate in an efficient and manageable fashion is determined by the form of entity with which they choose to organise their intangible property. The four main business structures used by businesses in Australia are sole proprietorship, partnership, company and trust, Based on Coral and James’ current scenario, I would assume they are planning to open their own designing firm which offers architecture, interior and industrial design services. A sole proprietorship would be unsuitable for this case since it involves an individual going into business for themselves. As a …show more content…
Ultimately, a partnership would allow Coral to continue her work in the medium sized firm whilst establishing this new business, thus providing her with financial security in times of need. Another advantage of the partnership entity is that it provides greater access to finance and management from the resources of both partners. As Section 24 of the Partnership Act states amongst its rules of the interests and duties of partners, “All partners are entitled to share equally in the capital and profits, and must contribute equally towards the losses”. Furthermore, the Act states that “Every partner may take part in the management of the partnership business”. Unlike in a sole proprietorship where capital remains limited, partners in a partnership are able to contribute their share in the business to increase capital volume and ultimately business activities. Therefore, the ability to pool resources from partners will, in particular, assist James who just graduated from university and may lack the sufficient funds needed to contribute towards a start-up business. A partnership is also considered a safe organisation for providing credit facilities due to the unlimited liability of partners. Sufficient funds in terms of credit can be procured from financial institutions
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
Formation of a partnership and the formation of a corporation have varying procedures and difficulties associated with them.
When it comes to partnerships Alex, Bill, Carl, and Devon will have two options- a general partnership or a limited partnership. Partnerships are beginning to be a business form of the past. Once upon a time, partnerships were “the default form of business and provided the benefit of pass-through taxation, but lacked the important feature of limited liability” (Chrisman, 2010, p. 465). In a general partnership, each partner associated with the entity will be held liable for their own business decisions as well as
The below table compares and contrasts business structures on the basis of the most common issues, naming: taxation, liability, risk and control, continuity of existence, transferability and expense and formality (Quickmba, n.d.). Also, you will notice that in the table the similarities are extended from one structure to the other, while differences are kept in separate cells.
The partnership is a form of business that could be possible in Shania’s scenario due to the other individuals showing interest in the business idea. She can create a partnership with one or more persons and sharing of the profits is divided equally, unless an agreement states otherwise (Kubasek, et al., 2015, p. 423). Some of the benefits of a partnership are the ability to raise more capital and to share ownership responsibilities (Block, et al., 2015, p. 9). With committed partners it is possible to have a successful partnership.
Another business structure to establish is Limited Partnership, which is similar to the partnership with a slight difference where it formed with at least one general partner and one limited partner. The general partners have the same obligation as partners in a general partnership; however, limited partners have limited liability to the extent of their contribution. The advantage of this business formation is the limited personal liability for individual partners for the acts of another partner within the organization. It has the same tax consequences as a general partnership. One important positive aspect is management and control aspects of the organization could be divided or separated among partners. It’s shortcoming, a general partner is still personally fully liable for the debts of the business. If the limited partner wants to become active in the business, he/she may assume the personal liability obligation.
They can also form a partnership, which is a type of business in which co-owners share the costs and work together to attract customers. As general partners, they would manage the business together and share profits, debts, and obligations associated with it. If Helena and Francine form a limited partnership, they could bring in other limited partners who help fund the
Considering, small amount or lack of sufficient fund with my client, I will like to advise him that sole proprietorship business might not be good and appropriate and thus, I Would like to suggest him to form a partnership business. As we know that Businesses operating as an Sole proprietorship business is beneficial for the full control over the business structures such as in management, decision making etc, but in this scenario It seems that as per the clent funds its not well worth for
For this assignment my task is to choose two contrasting businesses within the Borough of Newham and describe the type of businesses, purpose and ownership. One has to be a large profit making business, like PLC or Ltd, and the other a small business, profit, not-for-profit, sole trader, partnership or small ltd. For the first business, I have chosen one of the largest retail in the world, Tesco PLC, and for the second I have chosen the charitable organization, Cancer Research UK, that is a not-for-profit business.
Furthermore, both parties entered into a shared business partnership. Justice Dixon in a judgement discussed a partner relationship as “a stronger case of fiduciary relationship… ‘Their mutual confidence is the lifeblood of the concern. It is because they trust one another that they are partners in the first instance; it is because they continue to trust one another that the business goes on’ … The relation is based, in some degree, upon a mutual confidence that the partners will engage in some particular kind of activity or transaction for the joint advantage only. In some degree, it arises from the very fact that they are associated for such a common end and are agents for one another in its accomplishment.” The culmination of friendship and the above considerations by Justice Dixon strengths that fact that the relationship in its totality is one that equity would assign as a fiduciary
Cora and Caley will have some disadvantageous if deciding to move into a general partnership because partnerships can have unclear authority and instability. Findlaw states, “A partnership is dissolved as soon as one of the members ' dies, retires, resigns, files for bankruptcy, or otherwise quits. This can mean a sudden and unexpected end to a profitable business” (“What Are the Disadvantages of Partnerships?,” n.d.). Cora and Caley can act with third parties on the behalf of the partnership which can hurt or help their business because either can make an unhealthy decision on the behalf of the home decor business. Findlaw states, The third parties, this means that all partners act on behalf of the partnership, can enter into contracts, and by the same token, bind the partnership into unwanted agreements” (“What Are the Disadvantages of Partnerships?,” n.d.).
The second legal form of business is a partnership. This form of business combines the partners financial and skill resources. On the down side, it requires a partnership agreement and the partners may not always agree on important business topics. The partners are still personally liable for all debt and legal actions. This form of business could answer the skill set issues needed to start the firm. It could also allow for a low startup cost do to the partners polling their money. (Holland, 1998, para. 3)
For centuries hundreds of partnerships have been formed some lasted short period and many have been running since long. Partnership in simple terms is an agreement done orally, under seal or inferred by the course of businesses between two or more people to finance and operate a business. I believe it is an agreement that is relatively easy to establish as compared to forming a company. It all depends on the factors such as taxation, type and size of business, finance requirements and establishment costs. Its overall aim of achievability factor then matter whether if one wants to target locally or is ambitious enough and can co-ordinate on wider scale with broader policies. Running a partnership is no doubt a delicate matter in terms of
As any good businessman should do, all options were weighed, which included the idea of a partnership. This is a positive choice when it comes to the fact that your profits are only taxed once and a partnership certificate can be bought easily and locally.5 A partnership also brings in other ideas, as well as generates other people's money. This makes it easier to gather the startup costs and get the business going. A partnership also opens the doors for expansion of my business because of the possible connections my partners might have.