Preview

Choosing a Legal Form of Business

Good Essays
Open Document
Open Document
703 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Choosing a Legal Form of Business
CHOOSING A LEGAL FORM OF BUSINESS

Choosing a Legal Form of Business

Dannie L Holmes

CHOOSING A LEGAL FORM OF BUSINESS

Abstract

Many of us probably have the thought of becoming an entrepreneur. With this thought comes many questions and you must have a plan. Let us say that you have an idea for a new kind of home appliance. You are convinced that this new technology idea would be applicable in a wide range of other products. With this idea in mind you have a few issues. You have little financial skills and no management skills. You know nothing about manufacturing other than that it costs lots of money to set up a plant. Also, your net worth is not very high so you have no idea if you will be able to fund this start-up. So you must look at every aspect before making a decision on what would be the best business type, short term and long term.

CHOOSING A LEGAL FORM OF BUSINESS

Discussion

Starting a new business in either type, (sole proprietorship, partnership, and corporation) each have its ups and downs. All entrepreneurs must decide which form of legal ownership best suits their goals.

Take a look at sole proprietorship. This type of business is owned and usually operated by one person. That one person is also responsible for all of its debts. It has a low start-up cost but its hard to borrow money to start up or expand.

Now let us move on to partnerships. This is a business with two or more owners who share in both the operation of the firm and the financial responsibility for its debts. General partnerships have the ability to grow by adding new talent and money. They also find it relatively easy to borrow money and can invite new partners to invest. Partnerships also have disadvantages like unlimited liability. Each partner maybe liable for all business debts incurred by any of the partners. There is also difficulty in transferring ownership. Due to these disadvantages some have tried alternative



References: Business Essentials, Seventh Edition, by Ronald J. Ebert and Ricky W. Griffin. Published by Prentice Hall. Copyright 2009 by Pearson Education, Inc.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    LONGEVITY/CONTINUITY: A general partnership generally dissolves when an owner/partner dies or no longer wants to be a part of the business. Could set up a buy/see agreement to line everything out ahead of time.…

    • 1025 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Lit 1 Task 1a

    • 1231 Words
    • 5 Pages

    is a business owned by two or more owners. In General partnerships each partner is fully active in the firm giving input in management and each partner is fully liable for the debts of the business.…

    • 1231 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    HCS 567 Week 3

    • 721 Words
    • 3 Pages

    For business with two or more owners the decision may be to utilize a general or a limited partnership. The general partnership is not dependent on one person for its successes in fact all the partners have a say in how the business runs and functions as per the partnership agreement (Barringer & Ireland, 2010). This type of organization is similar to the sole proprietorship in that the income is noted on the partners’ personal tax returns as the venture files and an informational tax return only (Barringer & Ireland, 2010). The venture also has limited liquidity. Limited partnership is a modified general partnership with the modification being the addition of two different class of partners, general and limited. This venture is used when attempting to…

    • 721 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Partnership: Selling interest is difficult for owners; unlimited personal liability for debts of the business; life of the business is limited to the life of the owners; difficulty in making large amounts of capital.…

    • 875 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Task 310-1.2-01-06

    • 1304 Words
    • 6 Pages

    A partnership is an agreement between friends or investors to open or assemble a business. The individuals within the partnership agree by signing the agreement that is registered to continue to supply capital, knowledge and skills as well as share in the profits of the company. Partnerships require more than one sole owner. By having multiple owners this will allow the organization or business to attain investor for support of the business and or individuals who are deemed as qualified.…

    • 1304 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Lit1 Task 310.1.2-01-06

    • 2847 Words
    • 12 Pages

    Sole Proprietorship Sole proprietorship is the most common form of business in the United States. It is a relatively simple way for an individual to start a business since legal costs and business requirements are minimal, and the owner has complete control over the business. Though a sole proprietor is not responsible for any corporate tax payments, the owner is responsible for taxes incurred on the income generated from the business as part of his or her personal income tax payments, and personally shoulders any other risks or obligations. A sole proprietor may also choose to file their business under a fictitious business name or a DBA (doing business as), allowing him or her to operate and market the business under a more typical business name rather than their personal name. However, the business is not considered a separate entity and the sole proprietor is still personally liable for all obligations incurred by the business. Characteristics to keep in mind about Sole Proprietorship 1. Liability There is a lack of protection from personal liabilities, meaning that the personal assets of a sole proprietor is at risk in the event of litigation. If the business fails, any creditor can go after the business assets of the business as well as the personal assets of the owner. 2. Income Taxes The business owner is responsible for paying taxes on all profits generated by the business as personal income and does not need to do a separate corporate tax filing. The proprietor can also reduce his or her taxable income by charging off business expenses. 3. Longevity or continuity of the organization Since finding a source of funding is one of the biggest challenges a sole proprietor may face, it hinders the business to have longevity or continuity. In most cases, the funding comes from the proprietor's limited personal assets which can inhibit the future growth of the business. 4. Control The sole proprietor has full control of all the business decisions and can expand,…

    • 2847 Words
    • 12 Pages
    Better Essays
  • Good Essays

    Lit1 Part a

    • 1209 Words
    • 5 Pages

    General partnership is when a business is conducted by two or more people and shares the profit and losses. An advantage of general partnership is that two heads work better than one. More ideas our helpful when decision making becomes hard. A disadvantage of the business partnership becomes interesting when a partner thinks he/she deserves more of the profit. Deciding who gets how much can destroy a business.…

    • 1209 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Chapter 1 Finance 310

    • 1292 Words
    • 6 Pages

    Partnership  Whenever two or more persons or entities associate to conduct a noncorporate business for profit  Partners can potentially lose all of their personal assets including assets not invested because each partner is liable for the partnerships debts  Limited partnership- wherein certain partners are designated general partners and others limited partners…

    • 1292 Words
    • 6 Pages
    Good Essays
  • Good Essays

    You Decide

    • 465 Words
    • 2 Pages

    Partnerships: “Two or more people share ownership of a single business.” In a partnerships business legal contract needs to be signed and understood by both parties such as “how decisions will be made, profits will be shared, disputes will be resolved, or what steps will be taken to resolve the partnership when needed.” There are 3 types of partnerships: (1) General Partnership; (2) Limited Partnership with limited liability; and (3) Joint Venture. Advantages of a partnerships profits from the business flow to the partner’s personal tax return and the business may lead to success with the help of two or more. Disadvantages may be one is responsible for another’s actions, any profits and assets must be shared, and disagreements can occur.…

    • 465 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    University Of Phoenix

    • 655 Words
    • 3 Pages

    There are three types of business structures, partnership, sole proprietorship and a general corporation. Each structure has its disadvantages and advantages but the key is doing the research to determine which business structure will be suitable for your business venture. Many people may not be interested in running a small business so a sole proprietorship may not be the favorite structure to start with, or maybe when starting a business you may want your company to start small but eventually run as a corporation. Whatever the case may be one must understand the advantages and disadvantages of each structure.…

    • 655 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Tttttttt

    • 404 Words
    • 2 Pages

    * When starting a business one of the first steps to determine is what form of ownership will your business be. There are three different types of ownership, the first one being the most simplest and popular; sole proprietorship. This form of ownership is where one person has the overall say on what goes on in the company as far as financial and business decisions. The next is a partnership in which two or more people co-own a business for the purpose of making a profit. In this form of ownership there is a big factor of trust that has to be there between the two business owners. The finally for of ownership is a corporation which is the most complex of the three forms. A corporation is an artificial legal entity created by the state that can sue or be sued…

    • 404 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Doing business in the United States can be a complicated matter. An entity wishing to conduct business must first chose a form upon which to do business. Some forms of doing business are a sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporation (Cheeseman, 2010). Sole Proprietorship A sole proprietorship is the “simplest form a business organization” because there are no formalities or the need for federal or state approval (Cheeseman, 2010, p. 530). It is composed of a sole owner who has the right to make all management decisions, owns all of the business, and receives all of the business’ profits. For example, Maggie just received her degree in the culinary arts and decided that she will earn her living selling baked goods. Rather than joining a pre-existing company, Maggie decides to go into business for herself. Maggie chose to go into business for herself because she wants to have sole decision-making concerning the type of goods sold, and she would be entitled to 100% of the profits due from her culinary skills and hard work. Partnership Unlike a sole proprietorship, which is owned by a single person, a partnership is a “voluntary association of two or more persons for carrying on a business” (Cheeseman, 2010, p. 533). In a partnership, members are entitled to the following rights and responsible for the following liabilities: (i) an equal share of profits; (ii) equal rights in the conduct and management of the business; and (iii) jointly and severally liable for torts and breaches of trust (Cheeseman, 2010). For example, Margie and David are married and would like to start a restaurant. Since they are married, Margie and David think that a partnership would be an ideal form of doing…

    • 1200 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Chapter 10 Starting a business Chapter 10 | Starting a business 1. 2. 3. 4. 5. 6.…

    • 1826 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    Business Studies

    • 304 Words
    • 2 Pages

    Business Studies syllabus BUSINESS STUDIES G.C.E. (LOCAL) ADVANCED LEVEL Mind-ventures Educational Services 1 Business Studies syllabus Business Studies Syllabus 1. Foundation of Business Contents 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 The Background of Business The scope of Business Factors of Production Business Environment Business Expectations Stakeholders of Business Business Functions…

    • 304 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Opening a Business

    • 526 Words
    • 3 Pages

    Step five would be to decide on a business structure. You will need to choose on whether you will have a partner or not, incorporating or not, or even LLC. How you structure your business can reduce personal liability for losses and debts to the business. If you do things the “right” way you may even be able to receive tax benefits.…

    • 526 Words
    • 3 Pages
    Good Essays