Forms of Business Organization

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FORMS OF BUSINESS

ORGANIZATIONS
It is important that the FORMS OF
business owner seriously BUSINESS
ORGANIZATION
considers the different
forms of business
organization — types such
as sole proprietorship,
partnership, and
corporation.
Which organizational form is
most appropriate can be
influenced by tax issues, legal FO R M S O F

issues, financial concerns, and BUSINESS


O RG A N I Z AT IO N

personal concerns.
For the purpose of this
overview, basic information is
presented to establish a
general impression of business
organization.
1. Sole Proprietorship
• A sole proprietorship is a
business owned and managed FO R M S O F
BUSINESS

by one individual. O RG A N I Z AT IO N

• It refers to an individual who


owns the business and is
personally responsible for its
debts.
• Since the business is the same
legal entity as the proprietor, it
ceases to exist upon the
proprietor's death.
SOLE PROPRIETORSHIP
FORMS OF
BUSINESS
ORGANIZATION

Single Owner
(Sole
Proprietor)

Receives Absorbs
all profits all losses
Advantages
• Ease of formation and
dissolution. FO R M S O F
BUSINESS
O RG A N I Z AT IO N
• Typically, there are low start-up
costs and low operational
overhead.
• Owners have complete control
over all the aspects of his
business and can take any
managerial decisions that he/
she wants to take.
• Advantages

• Ownership of all profits. FO R M S O F


BUSINESS
O RG A N I Z AT IO N
• Sole Proprietorships are
typically subject to fewer
regulations.
• No corporate income taxes. Any
income realized by a sole
proprietorship is declared on
the owner's individual income
tax return.
Disadvantages
• Unlimited liability - owner's
personal assets can be taken FORMS OF
BUSINESS
away. O RG A N I Z AT IO N

• Limited life.
• It may be difficult for an
individual to raise capital.
2. Partnership
• A business owned and operated
by two or more persons who FO R M S O F
bind themselves to contribute: BUSINESS
O RG A N I Z AT IO N
oMoney,
oProperty, or
oIndustry

• The profits are divided among


themselves.
• Each partner is personally
liable for any debt incurred by
the partnership.
PARTNERSHIP
FO R M S O F
BUSINESS
O RG A N I Z AT IO N

Two or more
persons
(Partners)

Profits Each
are Partner is
divided Contribute liable for
money, debts
property, or
industry
Advantages
• Synergy.
FO R M S O F
• Partnerships are relatively easy BUSINESS
O RG A N I Z AT IO N
to form, however, considerable
thought should be put into
developing a partnership
agreement at the point of
formation.
• Partnerships may be subject to
fewer regulations than
corporations.
• Advantages

• There is stronger potential of FO R M S O F


BUSINESS
access to greater amounts of O RG A N I Z AT IO N

capital.
• No corporate income taxes.
Disadvantages
• Unlimited liability.
FO R M S O F
• Limited life. A partnership may BUSINESS
O RG A N I Z AT IO N
end upon the withdrawal or
death of a partner.
• There is a real possibility of
disputes or conflicts between
partners which could lead to
dissolving the partnership.
A. General Partnership
• all partners are personally
liable for business debts FO R M S O F
BUSINESS
O RG A N I Z AT IO N
• any partner can be held totally
responsible for the business
and any partner can make
decisions that affect the whole
business.
Major Features
• 1. Created by agreement, proof
of existence and estoppel. FO R M S O F
BUSINESS
O RG A N I Z AT IO N
• 2. Formed by two or more
persons
• 3. The owners are all
personally liable for any legal
actions and debts the company
may face.
• It is a partnership in which
partners share equally in both
responsibility and liability FO R M S O F
BUSINESS
• By default, profits are shared O RG A N I Z AT IO N

equally amongst the partners.


• By default, each general
partner has an equal right to
participate in the management
and control of the business.
B. Limited Partnership
• one partner is responsible for
decision-making and can be FO R M S O F
BUSINESS
held personally liable for O RG A N I Z AT IO N

business debts.
• The other partner merely
invests in the business.
• Although the general structure
of limited partnerships can
vary, each individual is liable
only to the extent of their
invested capital.
C. Limited Liability
Partnership
• LLPs are most commonly used FO R M S O F
BUSINESS
by professionals such as O RG A N I Z AT IO N

doctors and lawyers.


• The LLP structure protects each
partner's personal assets and
each partner from debts or
liability incurred by the other
partners.
3. Corporation
• A business owned by its
stockholders. FO R M S O F
BUSINESS
O RG A N I Z AT IO N
• It is an artificial being created
by operation of law.
• The stockholders are not
personally liable for the
corporation’s debt.
CORPORATION
FO R M S O F
BUSINESS
O RG A N I Z AT IO N

Five or more
persons
(Stockholders)

Profits are
Stockholders
divided
are not liable
(preferred &
for debts
Common)
Created by
Law
Advantages
• Unlimited commercial life. The
corporation is an entity of its FO R M S O F
BUSINESS
own and does not dissolve O RG A N I Z AT IO N

when ownership changes.


• Greater flexibility in raising
capital through the sale of
stock.
• Ease of transferring ownership
by selling stock.
• Limited liability. This limited FO R M S O F
liability is probably the biggest BUSINESS
O RG A N I Z AT IO N
advantage to organizing as a
corporation. Individual owners
in corporations have limits on
their personal liability.
• Even if a corporation is sued
for billions of dollars, individual
shareholder's liability is
generally limited to the value
of their own stock in the
corporation.
Disadvantages
• Regulatory restrictions.
Corporations are typically more FO R M S O F
BUSINESS
closely monitored by O RG A N I Z AT IO N

governmental agencies,
including federal, state, and
local. Complying with
regulations can be costly.
• Higher organizational and
operational costs.
• Double taxation. The possibility
of double taxation arises when
companies declare and pay FO R M S O F

taxes on the net income of the BUSINESS


O RG A N I Z AT IO N

corporation, which they pay


through their corporate income
tax returns.
4. Cooperative
• Often referred to as a "co-op“
FO R M S O F
• a cooperative is a limited BUSINESS
O RG A N I Z AT IO N
liability business that can
organize for-profit or not-for-
profit
• A cooperative differs from a
for-profit corporation in that it
has members, as opposed to
shareholders, who share
decision-making authority
• Cooperatives are typically
classified as either consumer
cooperatives or worker FO R M S O F

cooperatives BUSINESS
O RG A N I Z AT IO N

• A cooperative is a legal
entity owned and
democratically controlled by its
members
• Members often have a close
association with the enterprise
as producers or consumers of
its products or services, or as
its employees
Types of cooperative
governance
❖Retailers' cooperative FO R M S O F
BUSINESS
❖Worker cooperative O RG A N I Z AT IO N

❖Volunteer cooperative
❖Social cooperative
❖Consumers' cooperative
❖Business and employment
cooperative
❖New generation cooperative
Other Forms:
holding company
FO R M S O F
limited company BUSINESS
O RG A N I Z AT IO N
limited liability company
trust company
A holding company is
a company or firm that owns
other companies' outstanding FO R M S O F

stock. The term usually refers BUSINESS


O RG A N I Z AT IO N

to a company which does not


produce goods or services
itself; rather, its purpose is to
own shares of other companies
A limited company is
a company in which the liability
of the members or subscribers FO R M S O F

of the company is limited to BUSINESS


O RG A N I Z AT IO N

what they have invested or


guaranteed to the company.
Limited companies may be
limited by shares or by
guarantee.
A limited liability
company (LLC) is a flexible
form of enterprise that blends FO R M S O F

elements of partnership and BUSINESS


O RG A N I Z AT IO N

corporate structures
A trust company is
a corporation, especially
a commercial bank, organized FO R M S O F

to perform the fiduciary of BUSINESS


O RG A N I Z AT IO N

trusts and agencies


THE END

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