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Business structure Legal structures
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Legal structures Learning outcomes
Understand the concept of limited liability Know the main features of different types of legal structure Understand the appropriateness of legal structures Know the problems that can occur when changing the legal structure
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Types of businesses in the private sector
Sole traders Partnerships Private Limited Companies (Ltd) Public Limited Companies (PLC) Cooperatives Franchises
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Incorporation If you started up in business, then the law would see you and your business as one and the same. Therefore, in law any debt owed by the business is also owed by you! In order to reclaim that debt a creditor (someone your business owes money to) can claim your personal possessions (including your dog and your shoes). This is called unlimited liability!
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Incorporation Unlimited liability can be avoided if you ‘incorporate’ your company. You then have limitied liability and can only lose the money you have invested in the company.
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Unlimited and limited liability
unlimited business owners risk losing all personal assets if the venture fails Owner and business DO NOT have a separate legal identity owners have unlimited liability limited business owners are only liable to lose their original investment if the business fails/ becomes insolvent Owners and business have a separate legal identity shareholders have limited liability
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Incorporation You should be asking yourself; why doesn’t every company become incorporated? We shall look in detail at this later. Questions: What is unlimited liability? What is limited liability? What is incorporation?
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Types of Business Sole traders Partnerships
Private Limited Companies (Ltd) Public Limited Companies (PLC) Describe. Table of 3 main advantages and disadvantages.
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Discussion point What happens to the form of ownership as a business grows?
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Private Limited Company Public Limited Company
Sole Trader Partnership Private Limited Company Public Limited Company Why? Why not?
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Other forms of business org
Cooperatives Franchises
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Cooperatives Common form of organisation in agriculture and retailing
Owned jointly by members (can be private individuals or businesses) Aim: to achieve mutual benefits for all members All members share equally in decision making, work load, responsibilities, profits, etc. All members have one vote at important meetings
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Cooperatives Benefits: Drawbacks: Bulk buying
Working together to solve problems and take decisions Good motivation as profits are shared Drawbacks: Poor management skills – unless professional managers are employed Capital shortages – cannot issue shares Slow decision-making
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Franchises Not a legal structure
Def: It is a legal contract between two firms that allows one of them (the …………….) to use the name, logo and marketing methods of the other (the …………….) Franchisee decides the form of legal structure to adopt Franchise business allows businesses to expand rapidly Eg. …………………………
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