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Law in business operation
What is sole proprietorship? what are the major advantages and disadvantages of this form of business ownership
Law in business operation
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Starting a business can seem like a daunting task, when really there is a systematic approach that an entrepreneur can take to setting up a business. There are many factors to consider when setting up a business structure; these factors include start up cost, operating costs, liability, and taxation. A business owner will also want to look at whether or not they may want to expand in the future, which will also play a factor in what type of business they should set up. This paper will look at the advantages and disadvantages of sole-proprietorships, partnerships, limited liability companies, and corporations. As well as look at what courts can do if a business operates outside the scope of accepted business practice. There is no “one size fits all” company structure, which is why a potential business owner needs to look at and evaluate all the different options before choosing a type of business to set up.
The first step to setting up a business is to pick a business structure. Sole-Proprietorships are the oldest and most common form of business making up about 72% of the businesses in the United States.(Ref. 3, pg.76) It is a simple form of business to set up; all you need is a product or service to offer, any applicable licenses or permits, and a business name. Although sole-proprietorships are the most common form of business, they only account for about 5% of the total profit in the US. The advantages to a sole-proprietorship are that they are easy to set up and cheap to operate. There are no filing fees with a state or national government, and the book keeping requirements are very relaxed.
The disadvantages to a sole-proprietorship are the constraints on generating operating revenue, unlimited liability, and taxation me...
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...or their business.
Works Cited
1. Larson, Aaron, “The Sole-Proprietorship,” expert-law.com [online], August 2004, http://www.expertlaw.com/library/business/sole_proprietorship.html, [retrieved 20 February 2010]
2. Unknown, “Corporations vs. LLC’s,” findlaw.com [online], http://smallbusiness.findlaw.com/business-structures/llc/corporations-compare-llc.html, [retrieved 05 March 2010]
3. Brue, Stanley L., Flynn, Sean M., McConnell, Campbell R., “Macroeconomics: Principles, Problems, and Policies,” McGraw-Hill International Edition, 18th edition, New York, New York, 2009, pg. 73-88.
4. Jentz, Gaylord A., Miller, Roger L., “Business Law Today,” South-Western Cengage Learning, 8th edition, Masan, Ohio, 2008, pg.705-824.
5. US Government, “2009 Individual and Corporate Tax Rate Schedules,” irs.gov [online], http://www.irs.gov/, [retrieved 03 Mar 2010]
Retrieved from http://www.entrepreneur.com/startingabusiness/. startupbasics/business structure/article78032.html, Retrieved May 22, 2011.
There are many different types of business structures, but if you own and operate a business that it is a sole
Baumol, William J. and Alan S. Blinder. Economics: Principles and Policy, Sixth Edition, Forth Worth, etc. : Drden Press, 1994.
*Sole Traders- These are business organisations owned and controlled by one person profit is the main measure of the business and their aim is to provide service to the public and making profit they responsible for decisions within their own businesses although they may employ other people the main disadvantage of being sole trader is that the law makes no distinction between the assets and liabilities of the business and those of its owners. This means that if the business is forced into liquidation the proprietor has to settle all outstanding debts from his or her own finances this may in turn lead to personal bankruptcy this also applies to partnership.
Before starting a new business, several decisions such as its legal structure must be made first. Five basic entity types exist in which to structure a business. These types consist of sole proprietorships, partnerships, limited liability companies (LLC), C corporations, and S corporations. When determining the type of structure to use, comparison of different factors such as liability to the owners, taxation, and management controls must be conducted.
Unlimited liability- If the business is bad then it is possible for the owner to lose everything they own. All profits go to the owner- he/she themselves. Lack of continuity- The business could be sold by the owner or it could be passed onto their children or all of its assets could be sold off.
You need to organize your business as a legal entity. There are numerous options to account for, and all have various legal, financial and tax considerations. The right legal configuration for your business depends on a number of things. These include the level of control you want to have, your business’ vulnerability to lawsuits and financing needs. The legal structure chosen by you will determine additional registration requirements.
1.LIABILITY: There are no limits on liability with a sole proprietorship, the owner is responsible for all the businesses debts and obligations. The earning power of a sole proprietor can be limited due to lack of capital. The sole proprietor is only able to obtain personal credit to expand the company, the bank will not treat the company as its own entity
An additional advantage is that a sole proprietorship can be easily organized. It’s easy to start your own business. First of all, it costs very little money to start your own business. As a sole proprietor, you have minimal legal requirements. The owner doesn’t have to establish a separate legal entity.
"Advantages and Disadvantages of Sole Proprietorships ." New York Times 5 June 2007: Web. 6 Dec. 2013. .
I feel that a Limited liability company will be a perfect format for the company I plan on creating. I know I will have a lot of work to do to create this company. It will take a lot to not only open the company, but maintain it. All businesses must attain insurance, have good record keeping and have a staff that will be willing to put in the time and effort to attain success for the company, and a business format that will fit the company that a potential owner is trying to create (Judge, 1998). All business owners must make sure they have all the proper paperwork done in order to open a new business. The permits attained for a company must be done through the county and state in which the business will be located. All businesses must be approved by the planning and zoning committee of the county the business will be located in as well as make sure the business is insured. These are important factors for any potential business owner (Mahajan.
Sole proprietor businesses have a much higher likelihood of audit compared with a limited liability company. The Internal Revenue Service knows how easy it is to claim you have started a business and start trying to take unlawful deductions to lower your taxes. With a sole proprietorship, there is no state filing required- you can just call yourself a
Before a partnership formation is imminent, the business needs to decide on which type of partnership to form. There are three types of partnerships: (1) general partnerships, (2) limited partnerships, and (3) joint ventures. All three partnerships contain two or more owners, but all partners assume equal division of ownership, liabilities, and profits in a general partnership. Limited partnerships offer limited liability protection based on each partner’s contribution percentage. Joint ventures are classified as general partnerships with limited existence periods. Once a type of partnership has been determined, the business fulfills a series of requirements before the partnership can be successfully formed. The first step is to register
In the world of business, three types of ownership are sole proprietorship, partnership, and corporations. The first formation approach is sole proprietorship, which is defined in Business Introduction as, “a business ownership with a single owner usually actively manages the company” (pg.82). Partnerships rely on special bonds and trust between another individual, which can have many advantages and disadvantages towards a company. Some advantages are easier paperwork load, easier to start up, and taxes are simplified.
Starting a small business is often one of the hardest things a person can do. Some people start a business out of pure fascination, or even as a hobby. Whether starting a business for personal reasons or simply the grandeur to make loads of money, everybody needs to have a plan. Starting a small business is no easy task and can take days if not months to prepare. The most important aspect to have is the tempura and heart to start a small business, as without passion, no business can succeed. One has to be his or her own boss, make dream, reality and be willing to market and sell a product. It takes a lot of discipline, long hours and hard work, something many do not have. However with the right willingness, passion and dedication a business can be the start of something big.