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Sources of finance for a start up enterprise
Difference between sole proprietorship, partnership and corporation
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Stan 's plan to operate a toxic waste disposal business as a sole proprietorship raises two significant concerns. As a sole proprietor, Stan will assume unlimited personal liability for all business obligations as there is no legal or practical separation between the business and the owner. Any financial obligations or legal torts would apply to the business, and also, his personal assets. Secondly, Stan, as sole proprietor, can only borrow money directly, limiting growth, and could be considered a risky investment for lenders when they assess his ability to repay the debt, and the nature of the business.
Stan must consider the consequences involved in running a sole proprietorship that exposes him to unlimited personal liability both financially
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Due to the risk of environmental hazard with toxic waste disposal, the need to purchase several vehicles, acquire an approved landfill, hire several employees, and secure financial funds, sole proprietorship, with unlimited personal liability, would not be advisable. Although a partnership would help Stan get more financial and operational support, he still would be subject to unlimited personal liability for his own actions and potentially for his partners actions (depending on the type of partnership he uses). Since a corporation exists as a separate legal entity that owns property, rights, and liabilities separate from the owner, Stan would have limited personal liability (theoretically he cannot lose more than he put in to the business); and he could use equity financing to lower the amount of his financial debt, provide better repayment options, and improve the possibility of business success. Additionally, even though the corporate veil may be pierced, this is not a common occurrence and would only occur in cases of serious wrongdoing. Therefore, of the three options for Stan 's toxic waste business, a corporation would serve him best as it is the only form of business organization to provide him with both limited personal liability and equity financing options for
When thinking about the most polluted states in our country, California and New York instantly pop into our mind. What most people don’t know, however, is that Texas now ranks number one in most categories of pollution. Whether it be increased emissions from refineries in Beaumont, large pits filled with contamination at Kelley Air Force Base, or polluted water at Lake Sam Rayburn, Texas has more than its fair share of toxic waste.
Nathan Rosillo, a key product developer at Chem-Tech Corporation finds himself in the middle of an exceedingly complex ethical dilemma (Pg. 156). He is the moral agent (Pg. 156) of the company who needs to decide if he wants to protect his beloved Dutch Valley River from the waste materials that can be dumped into it after the loosened requirements of the regulatory agencies. The new lubricant product developed by Nathan and his team is seen by his company supervisor and plant manager as key to reviving the financial fortunes of a cash strapped Chem-Tech. The cost savings arising from less need to reduce and recycle the waste from the new product seem to resonate well with the management’s profit-maximizing view (Pg. 167), and also allow them to stay in compliance with the loosened environmental standards. Nathan has the following 3 choices:
professionals and lease out a big commercial space where he can easily accommodate students and
There has been a breach of contract for the Tinker’s Home Security Service and the Tinker & Tailor’s Home Security Service.The matrix chart, I have included will help will compare and contrast the personal liability exposure as an owner In each of these business entities, such as, a sole proprietorship, general and limited partnership, corporation and limited liability corporation, I will analyze how I might limit my liability as a business owner.. I will also examine the business I plan to own one day. I will look at the best business organizational form for my company, as well as looking at the personal liability exposure, management, taxation and ease of formation. Learning the underpinning or foundation of business law will help us as owners to learn to avoid legal action as a result of unforeseen mishap.
The recent financial crisis and thereafter recession sent shockwaves through the U.S. economy. Many businesses had to scale back, file for bankruptcy, or even close altogether. The jewelry business is no different, increasing levels of unemployment and stagnant wages caused many to limit their discretionary spending. In our example, the jewelry chain turned to debt financing to ensure the survival of their business. However, this practice was unsustainable, which put this business in a position where filing for bankruptcy was an enticing prospect. In spite of their struggling financial position, the Rolex representative for the business presents an interesting proposition, the jewelry company can enter a three million dollar, debt financed, commitment to sell a new line of watches that could potentially save their business. This presents an ethical dilemma, does the jewelry business enter the commitment knowing they do not have the funds to meet it? The act that would the greatest good, or rather the fewest negative repercussions, for the greatest number would be to purchase the inventory from Rolex in hopes it would solidify their
While he seemingly states this not being an issue, he also notes that not understanding financial planning is one of the biggest reasons for small business failure. Often times, business owners do not have the cash at the beginning to continually fuel the early stages of their business. These conflictions in the book can sometimes create confusion, which disengages the reader. Nevertheless, Calagione believes that as long as one has an educated financial plan in place and stays true to the mission, being short on cash can be worth the risk of starting a business. For example, instead of going bankrupt in the beginning by buying an expensive commercial brewing system, he spends a fraction on a home brewing system that made one-thirtieth of the beer per batch (10 gallons vs. 310 gallons). He uses his tight budget to his advantage, as he can now create a more diverse selection of brews and try new ideas quicker (100-101). Essentially, start-ups do not necessarily need to have top-of-the-line equipment, but instead the entrepreneur needs to maximize all opportunities. Potential entrepreneurs take
The main legal issue before the court arises, in determining whether liability should be extended to reach assets beyond those belonging to the corporation and whether the corporate veil should be pierced with regard to personal liability to others.
Starting a personal business is a very difficult and time consuming task that is filled with many challenges. Most entrepreneurs face the challenge of being declined for a bank loan or face the disapproval from loved ones. But William Rosenberg faced multiple challenges on his road to success. Some challenges were from his parents immigrating to American to having to drop out of school to help financially support his family. Despite the adversities Rosenberg faced he kept going and never gave up. He used his ingenuity and resourcefulness to go from a simple and humble food truck to a multi-billion enterprise. William Rosenberg was able to overcome extreme adversities and become a very successful businessman, who eventually launched one of the biggest donut enterprises in the United States.
Having great financial success throughout his life, Buffet strives to share his wisdom throughout his essay. Some find Buffet’s claims unreasonable and others agree with him. Experiencing similar worries of business failure as Buffet once did, I have come to conclude, like Buffet, that the financial success of a business is much more a function of the type of business in which you enter, than the way in which you try to operate the business.
...f. It could also involve loss of business if he decided to fire everyone and begin fresh with new employees.
The concept of limited liability promotes recklessness and irresponsible risk taking. The argument for the return of unlimited liability is also an argument for separate legal personality to be taken less seriously. It is believed that, should it happen, would “eradicate the problem of corporate irresponsibility and unaccountability by identifying corporations more closely with their shareholders, encouraging a shift towards the older concept of ‘the company’ as an aggregation of
After seven years in college, Tommy Callahan, who isn’t exactly the sharpest tool in the shed, finally graduates with a BA. He moves back to Ohio, where his dad owns an Auto Parts company. Despite his ineptitude, because his father owns the company, Tommy gets shot straight to the top of his father’s company. Not long after returning home, Tommy finds out his father is getting remarried. The excitement of having a new family is cut short when Tommy’s father dies of a stroke on his wedding day. Though the death of his Dad is troubling, there is little time to mourn. The family Auto Parts company relied heavily on the salesmanship of Tommy’s father, and without his drive and guidance, the company is in danger of getting bought out by a bigger corporation. With no experience to back him, and an academic past that does more to damage his credibility that establish it, Tommy volunteers to fill his father shoes, “ I know I’m probably not the answer you guys are looking for but I feel like I oughta do something.” (Tommy Boy). The board has little confidence in Tommy, but they don’t have a better alternative, so Tommy sets out with the best of intentions, to save his fathers legacy, and the livelihood of his home town. Eventually Tommy succeeds in saving the business, exposing corruption in the process.
Starting up an owning a business comes with a lot of benefits, decisions and planning. A benefit is being able to provide products and services to consumers as well as offering jobs. One of the most important decisions to be made is the type of business entity and the procedures of the company. One of the biggest things that a business owner needs to be prepared for is the legal aspect of running a business. This paper will include a matrix of each business, discuss the breach of contract lawsuit, and compare and contrast the personal liability exposure as well as look at the best organizational form for the business.
Background: Waste water treatment plants are essential to communities of all sizes and must work efficiently. Waste water treatment plant primary priority and responsibility is the treatment of incoming sewage water by the removal of biological and chemical wastes so it can be treated and recycled for future use. There are many government agencies and standards set forth to govern and observe the successful treatment of sewage, such as the Department of Environmental Quality, the National Pollutant Discharge Elimination System and the Clean Water Act of 1972. Compliance and constant monitoring of the treatment plant’s operations are important as they protect the surrounding community. A spill or backflow of sewage due to a complete system malfunction could potentially be detrimental to the environment and local community.
From a deontological perspective, Stephen should analyze questionable behaviors concerning his entities, ventures and officers. For example, many interactions and transactions concerning Stephen’s entities are questionable