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Ways in which a business might be structured
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Case Studies Shauna Senior South University Online Business Law II | BUS2038 S01 Week1 Assignment 3 Case Study 1 Professor: Cheryl Olsen September 22nd 2015 Case Study 1: Legal Studies Scenario 1 Sophia’s options if the Retirement Living partnership cannot pay the $50, 00 would be to go after the partner’s personal assets such as cars, homes and even their bank accounts. Sophia could also get the local Sheriff or courts, to assist her in garnishing personal wages if they have any. “Generally, the members of a partnership are exposed to unlimited liability for the acts of the partnership as a whole. This means that if the business as a whole becomes indebted and insolvent, the partners' personal assets might be exposed to cover the debts.” (smallbusiness.com). Sophia, will not win if she tries to collect the entire debt from Blanche as she is just one of the partners of three if it’s a general partnership then everything is equally shares including the profits and losses gained. Only if, the partnership is limited liability then yes she can go after Blanche for the entirety of the balance. “In limited partnerships (LPs), at least one of the owners is considered a "general" partner who makes business decisions and is personally liable for business debts” (Nolo.com) Blanches option if …show more content…
Sophia sues her for the entirety of the debt, she can turn around and sue the other partners for what would have been there share of the judgment. Scenario 2 In my opinion General partnership is one of the best forms of business. “partnership in which the partners conduct as co-owners a business for profit, and each partner has a right to take part in the management of the business and has unlimited liability.”(Twomey, David P., and Marianne M. Jennings, 2013, P.G.935) Advantages of general partnership include no requirements for business structure, easy formation; the partners receive profits and losses as personal income in form of a K-1. General partnership also comes with lower start up costs by eliminating filing fees and other ongoing fees and also come with very little ongoing requirements. Not required to hold annual meetings or issue interest. General partners can act independently on behalf of the company’s interests without consent from any other partners. Disadvantages include, “partner cannot make a general assignment of firm property for the benefit of creditors unless authorized by the other partners or unless they have abandoned the business” (Twomey, David P., and Marianne M. Jennings, 2013, P.G.945). Partners are responsible for liabilities, and unlimited liability falls on each general partner, even when one partner is solely responsible. Other options can include a limited partnership, advantages allow for a limited partner to only be liable to the limit of their investment while general partners will hold unlimited liability.
In this case perhaps McCoy would wish to be a limited partner and be removed from the day to day operations. An option he could choose could be to be a Limited Liability Corporation, may come with additional costs, work and headaches, but even so as we with any business it has its advantages, which includes the flexibility of who manages the business, can be easier to raise capital and add or transfer ownership interests. Owners are no longer liable for business debts, but the
corporation. References: Limited Partnerships and Limited Liability Partnerships (LLPs) | Nolo.com. (n.d.). Retrieved September 22nd 2015, from http://www.nolo.com/legal-encyclopedia/limited-partnerships-limited-liability-partnerships-29748.html The Small Business Partnership: General and Limited Partnerships - FindLaw. (n.d.). Retrieved September 22nd 2015, from http://smallbusiness.findlaw.com/incorporation-and-legal-structures/the-small-business-partnership-general-and-limited-partnerships.html Twomey, David P., and Marianne M. Jennings. Anderson's Business Law and the Legal Environment, Comprehensive Volume, 22e, 22nd Edition. Cengage Learning, 2013. VitalBook file. http://digitalbookshelf.southuniversity.edu/books/9781285696683/outline/41
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
According to the Regs. §1.708-1(b)(4), if the partnership occurs such a Technical Termination, “The partnership contributes all of its assets and liabilities to a new partnership in exchange for an interest in the new partnership; and, immediately thereafter, the terminated partnership distributes interests in the new partnership to the purchasing partner and the other remaining partners in proportion to their respective interests in the terminated partnership in liquidation of the terminated partnership, either for the continuation of the business by the new partnership or for its dissolution and winding up.” Thus, it becomes a deemed new partnership.
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.
Being the owner of LSU, Joe probably operates as a sole proprietor. It is recommended that the business change its entity selection to limited liability company (LLC). The main advantages to an LLC are the protection the LLC owners receive from business creditors, and the fact that the owners can still participate in the management of the business.
The stakeholders identified were the customers (as a group), Ming and Roger. Ming’s wife was not included as it appeared, through the information given, that her happiness would align with that of Ming’s and as such, the outcome would be no different from her inclusion. The scale used was from -10 to +10, from deeply unhappy to very happy. From the information in the table it can be shown that the action which would create the greatest amount of happiness overall would be for Ming to not tell the customers about the cheaper medication.
As such VGV’s action of selling the molding machine and filing bankruptcy does not breach the Bankruptcy Act. Although legally strategic, it was still an unethical decision (Renshaw, Kubat & Angellatto, n.d.). When a company files for bankruptcy as noted in chapter 7 of the bankruptcy Act, it means that the company is badly in debt unable to pay its creditors and as a result the appointed trustee is generally tasked to sell the business assets and distribute the proceeds to its creditors(United States Courts, n.d.). If VGV operated ethically, they would have reserved the molding machine to sale by the trustee so as to try as much as possible to pay off its debt to Dracca. Instead the company chose to sell the machine at significantly lower price to another company and pocket the money. Obviously, it now means that Dracca may never be able to get the money VGV’s owes them. VGV’s has already resold the machine and in addition filed for bankruptcy which as laid out in chapter 7 can help a the business relieve liability for some of its business and personal debt tied to it although not entirely (Madden, 2009). Considering the two businesses had good business relationship that is what prompted Dracca to extend a credit
In this case Maya (agent) is technically in the wrong as she has overturned her authority due to her not being permitted to order very expensive shampoos and shower gels and any orders that are over £150 the agent has to receive permission from Kallessi (principle). However since the principle has paid for the first 2 orders that the agent has made with the new suppliers it is seen as if the principal is ratifying the situation and agreeing on the agents terms. Ratification is when the principal approves of an act of its agent where the agent lacked authority to legally bind the principal. (www.lawofbusiness.com)
A sole proprietorship is a business owned by one person. This is the simplest type of business to start and is the least regulated form of organization. A sole priprietor performs most of the major tasks and functions such as overall manager, sales manager, and finance manager. The owner not only retains the revenue and title to all of the business’s assets, such as profits, but is also responsible for all losses, debts, and aliabilites incurred. Although a sole proprietorship must comply with all required licenses and permits necessary for its type of business to operate legally, there is no legal requirment to start the business operation. Since the proprietor is the sole owner of the business, there is generally no need for any agreements or formalities. Terminating a sole propriotorship can be done by the owners choice and is limited to the owners life span considering once that person passes away, so does the sole propriotorship.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
The senior citizen in this scenario is not responsible for $500,000, simply due to his age and mental condition. First, the senior citizen would be entitled to indemnification which according to Cornell University Law School “To indemnify another party is to compensate that party for loss or damage that has already occurred, or to guarantee through a contractual agreement to repay another party for loss or damage that occurs in the future.” (Cornell University Law School, 2017). This basically, secures the senior citizen against any lawful responsibility for his actions.
Companies are enterprises, also the legal person, so companies are business entity. It’s also as the business entity, different with other non-business legal person in sociality, for example: Swansea University and Morrison Hospital. Company as business entity, the distinction with non-business legal person is business is profitable legal person; A company is an artificial person. Once it is incorporated by complying with the prescribed procedure, its come into being and is a separate legal entity from its members and officers. This principle distinguishes a company from a partnership.
In today’s business world there are numerous ethical issues that have a chance of arising which may turn into legal battles. This is why organizations should strive to give their employees a clear comprehension of the company’s overall vision and mission. This will help employees in practicing the proper code of ethics as well as procedures and policies in the workplace. Companies must also strive to deliver the highest level of ethics in a continued basis which provisions customers, employees, and applicants that are entitled to them in under fair business practices. The focal point for businesses it to uphold the values of responsible and fair business practices. This paper will examine the ethical and legal theories that apply to the business situation in order to broaden the insight of how it could have been avoided. The company that is taken into consideration is Coca-Cola in which the company was recently sued for racial discrimination workplace environment.
Partnership is also what he can go into but he will need to find someone who will go into partnership with him as two people are required in order for it to be a partnership. The partnership Act of 1980 defines a partnership as ‘the relation which subsists between persons carrying on a business in common with a view of profit’.
A sole proprietorship is as the name implies owned by one person carrying unlimited liability for the company. The proprietor owns all the company’s assets but is subject personally to all creditor claims. He or she alone benefits from all profits but must also bear all losses, risks, and debts. Liability is extended far beyond the owner’s investment. Despite these risks it is the simplest and cheapest way to start a business. For this reason nearly 70% of all small businesses adopt the legal structure.
The purpose of restraint of trade is merely to limitate any future activities of commercial trade, social activity and etc in particular region of a state, or any activities that has substantial impact on local commercial trade or activities. A restraint of trade can be assumed as legal or illegal depends on its effect and attention.