Unit 2: Business Structure and Organization
Unit 2: Business Structure and Organization
Unit 2: Business Structure and Organization
• 1.Existence of business
• 2.Plurality of persons (atleast two persons)
• 3.Contractual relationship
• 4.Profit motive
• 5.Principal- agent relationship
• According to Companies Act 1956, atleast two
persons required to start a partnership firm and the
maximum limit is 20
• For a banking business the maximum is 10 persons
Legal characteristics of a partnership firm
• 1.Unlimited liability
• 2.Utmost good faith
• 3.Implied agency
• 4.Restriction on transfer of interest
Features of Partnership
• 1.Formation
• Partnership Deed – Lays down the terms and
conditions of the partnership and the rights,
duties and obligations of partners is drafted
• Lawyer to draft the deed
• This to be registered because the firm cannot
fight legally.
• Registrar of firms
• 2.Financing
• Contribution in terms of money
• Some in terms of skills also
• Borrowing by pledging the property as
security
• 3.Control
• Control with all the partners
• 4.Management
• Depends on the partners
• Some will be dormant
• Specific areas will be assigned to specific partners depending on their
skill/capability
• 5.Duration
• Ends when a partner dies or becomes insolvent
• If every other partners agree to work in the same way, they can do so
• The Indian Partnership Act says a firm can be dissolved if it is found illegal
or its partners become insolvent
• A court also can do so
• 6.Taxation
Types of Partners
• 1.Sleeping or Dormant Partners
• 2.Nominal Partners
• Do not invest. Only they lend their names
• 3.Partners by estoppel
• Behaves mistakenly
• 4.Partners by holding out
• Declared to be a partner by another person
• 5.Minor partners
Requisites of an ideal partnership
• 1.Mutual understanding
• 2.Common approach
• 3.Good Faith
• 4.Balancing of skills and talents
• 5.Adequate long term capital
• 6.Long duration
• 7.Written agreement
• 8.Registration
Partnership Deed
• Must for partnership
• A form of agreement among the partners
• All mutual rights, powers and obligations after
discussion are incorporated in the deed
• Service of a lawyer
• Stamped in accordance with Indian Stamps
Act
Points to be covered in the deed
• 1.Nature of the business
• 2.Name of the business with address
• 3.Capital to be contributed by each partner
• 4.Loans from partners ?If yes rate of interest
• 5.Duties, powers and obligations of partners
• 6.Method of preparing accounts and arrangement for audit
• 7.Appropriation of profit
• (a) Whether interest allowed on capitals
• (b) Whether a partner allowed salary or commission for the work
• (c) Profit sharing ratio
• 8.Amount to be allowed as private drawings and the interest
• 9.Method by which a partner retires, settlement for the retired partner
and settlements for a deceased partner
• 10.Valuation of goodwill on admission or death or retirement of a partner
• 11.Method of revaluation of assets on admission or
retirement or death
• 12.Whether a partner can be expelled and if yes the
procedure for expulsion
• 13.Circumstances when the firm will stand
dissolution and method of dissolution
• 14.Arbitration in case of dispute among partners
• 15.Arrangement in case a partner becomes insolvent
Registration of firms
• Name of the firm
• Place of the business
• Other places where the firm will have its
business extended
• Name and address of the partners
• Dates where the partners joined
• Duration of the firm
• Registration very much essential
Rights of a partner
• Right to participate in the management
• Right to enjoy interest on loan given by him
• Right to inspect the account records
• Right to retire
• Right to continue in the firm
• Right towards share in the profit
Duties and Obligations
• To diligently carry the business of the firm
• To act in a just and faithful manner towards other partners
• To maintain correct records and accounts and allow other
partners to inspect them
• To protect the firm from loss
• Not to carry a business that will bring loss to the present firm
• Not to use the property of the firm to his personal interests
• To share the losses with others equally
• To act within the scope of his authority
• Not to assign or transfer his interest in the firm to others
Dissolution
• Dissolution of the firm takes place in the following
circumstances
• 1.When all concerned agree that the firm has to be
dissolved
• 2.When all the partners become insolvent
• 3.When the business becomes illegal
• 4.When a partner gives a notice of dissolution
• 5.When the court orders the firm to be dissolved
Dissolution by court
• 1.When a partner becomes of unsound mind
• 2.When a partner becomes permanently
incapacitated
• 3.When a partner is guilty of misconduct affecting
the business
• 4.When a partner or partners disagree or disregard
the agreement
• 5.When a partner assigns or transfers his interests to
a third person
• 6.When the business cannot be carried on
Advantages of a partnership firm
• 1.Facility of formation
• 2.Larger resources
• 3.Promptness in decisions
• 4.Balanced judgement
• 5.Personal supervision
• 6.Flexibility
• 7.Protection of minority interests
• 8.Reduced risk
• 9.The wholesome influence of unlimited liability
Disadvantages of a partnership firm
• 1.Lack of harmony
• 2.Limited resources in terms of number of
partners (10 in case of banking 20 in case of
others)
• 3.Limited risk taking
• 4.Instability
• 5.Risks of implied authority
• 6.Lack of public confidence
4.Joint Stock Company
• Company – Definition : “A company may be
defined as an artificial person (being an
association of natural persons) recognised by
law with a distinctive name, a common seal, a
common capital comprising transferable
shares of fixed value carrying limited liability
and having a perpetual succession”
Distinctive characteristics of a company
Board of Directors
Advantages Disadvantages
• Specialisation – each • Closed communication
department focuses on its could lead to lack
own work of focus
• Departments can become
• Accountability – someone
resistant
is responsible for the to change
section • Coordination
• Clarity – know your and may take too long
others’ roles • Gap between top and
bottom
An Example of Organisation by Product/Activity
Hewlett Packard
Hewlett Packard
• By Process:
Similar to structuring by function
DfT – New High Level Structure Christopher
Muttukumar
u Legal
Robert Devereux
Non- Brian Collins
Ann Permanent
Executiv Chief
Deborah Hemingwa Secretary (from 1
e Scientific
Williams y Non- June)
Advisor
Non- Executive DFT BOARD
Executiv Strategy
e Planning & performance
Capability
Archie
DG Robertson Chief
Corporate Executive
Highways
- City & Resource
Agency
Regional
Networks
- Accessibility DG City &
Regional
- National Networks
Networks Mike Mitchell
- International DG Rail &
Networks National
- Environment Networks Simon Webb
- Safety DG International
- Logistics Networks &
- Service Environment
transformation Stephen Hickey
DG Safety, Service Delivery &
Safety, Service Delivery &
Logistics Group Structure
Stephen Hickey
DG Safety, Service Delivery &
Logistics
Vivien Bodnar
Director
Stephen Fidler
Deputy Divisional Manager
David Meredith Andrew Angel Paul Hayes Duncan Buchanan David Glinos Ian Corfield
Hamid Tavassoly Andrew Kelly Geoff Finch Peter Bligh Hayley Bowen Ian Turner
(until 31 May)
Steve Blackmore Tim Ward John Robinson Khaleda Khatun
(from 30 April) Laura Stokes
Richard Ah So Leen Chris Gemmel
Matt Hammond Steve Oliver (From 10 April)
Francis Liston
ORGANIZATION CHART OF BOILER GROUP (MECHANICAL) AS ON 26.11.08