Form of ownership - refers to the legal position of the business and they way it is owned.
Annual General Meeting - a meeting of the shareholders of a company, held once a year, where directors give a report stating how well the company has done. Shareholders with voting rights can vote on issues of the company.
Key concepts
Continuity - refers to the ability of the business to exist even if a change of ownership takes place.
Partnership agreement - a document that contains the information of the agreement between the partners on aspects like finances, division of work, sharing of profits, etc.
Key concepts
Legal personality/ entity - the company does not exist physically as a person, but acts as a legal person who can conclude a contract, sue a person, and can be sued.
Audit - the process that exists to examine and verify the financial accounts of the business.
Key concepts
Directors - people elected to the board of a company by the shareholders to represent the shareholders interests.
Shares - allows investors to obtain part ownership of a company.
Meaning of limited liability and unlimited liability
Limited liability - losses are limited to the amount that the owner invested in the business.
Unlimited liability - the owner's personal assets may be seized to pay for the debts of the business.
Meaning of limited liability and unlimited liability
Limited liability
Losses are limited to the amount that the owner invested in the business.
The owner's personal assets are protected against the debts of the business.
Meaning of limited liability and unlimited liability
Unlimited liability
The liability of the owners to pay debts/ claims is not limited to the business only.
The owner's personal assets may be seized to pay for the debts of the business.
Criteria that will be used to evaluate the success and/ or failure of forms of ownership
Tax implications
Refers to the rate at which the form of ownership is taxed, the frequency of tax payments and its influence on the success/ failure of the business.
Criteria that will be used to evaluate the success and/ or failure of forms of ownership
Management
The way in which decisions are made and how many persons are part of management.
The influence of decision-making on the success/ failure of the business.
Criteria that will be used to evaluate the success and/ or failure of forms of ownership
Capital
Refers to how easy/ difficult it is for a form of ownership to acquire capital and its influence on the success/ failure of the business.
Criteria that will be used to evaluate the success and/ or failure of forms of ownership
Division of profit
Refers to amongst how many people profits are to be divided and its influence on the success/ failure of the business.
Criteria that will be used to evaluate the success and/ or failure of forms of ownership
Legislation/ Legal requirements
Consider legal requirements businesses are subjected to, requirements before a business can start and whether the business is a legal entity or not.
Ask yourself the following questions:
Taxation:
Who will be taxed?
What is the tax rate?
How does the tax rate compare with other forms of ownership?
Management:
Who will manage this form of ownership?
Will the managers be able to make good decisions?
Will the managers contribute to the success/ failure of the business?
Ask yourself the following questions:
Capital:
What form of capital will be obtained?
What amount of capital could be raised?
Can the business raise extra capital for expansion?
Division of profits:
How will profit be distributed?
Who will receive the profit of the business?
Will profits encourage owners/ managers to work hard?
Ask yourself the following questions:
Legislation/ Legal requirements:
Will legislation contribute to the success/ failure of the business?
What is the legal restrictions on the business with formation?
Will legislation restrict/ motivate owners/ shareholders to join the business?