Titel: Forma of the companies - explanations
Fach: Englisch
Trimester: 2.

Autor: Susanne Schott
E-Mail:
Datum: 28/08/2000;




Anmerkung der Autorin : Aus den Aufzeichnungen des 1.Trimesters


The sole proprietor (sole trader)


  • This type of firm is owned by one person

  • This person provides all of the capital needed to form, operate, or expand the business

  • It is the easiest form of business to set up

  • Simplest and most common type of enterprise

  • It is more likely to fail than any other

  • Such businesses tent to have only a few employees and less machinery or capital than larger businesses

  • Less plant facilities

  • Fewer opportunities to make economies of scale

  • Their market tend to be less diversified than that of larger businesses

  • You are self-employed

  • Entirely responsible for all aspects of running your business

  • Especially suitable for small retail businesses.


Advantages:


  • You need less capital (money to start the business)

  • You have independence

  • You need not consult anyone when making decisions

  • You have personal contact with the whole business and all of your customers

  • You have total control of your business


Disadvantages:


  • You have unlimited liability: if the business is unable to pay the creditors they can take your personal possessions

  • You can suffer form lack of continuity: if you are unable to run the business, perhaps through ill health (even temporarily), then there will be no one to run the business

  • You have to provide all the capital

  • It will often be difficult to obtain loans of capital because the business of a sole proprietor is a bigger risk than large businesses

  • It may be difficult to expand

  • You may have to sell your possessions if the company goes into dept.


Partnership


  • More owners incorporate into the business to form a partnership

  • They are regulated by the Partnership Act, e.g. two to twenty members are allowed

  • Exceptions to this rule are:

  • Banks which operate as a partnership are not allowed to have more than ten partners

  • Some professional partnerships are allowed to have more than twenty partners (e.g. solicitors, members of the Stock Exchange, accountants)

  • A contract sets out the rights of each partner, such as the way in which profits are to be divided

  • Act provides for equal sharing of profits

  • All partners are equally responsible for the debts of the business

  • A “sleeping” partner is one who invests in the business but takes no active part in running it, but he is fully liable with other partners for debts incurred by the business

  • At least one partner must accept unlimited liability

  • Some professions are not allowed to form a limited company, therefore they create partnership: solicitors, doctors and accountants are professions that are not allowed to have limited liability status

  • Two or more people start a business together

  • They agree on how the business will be operated

  • All partners are responsible for the debts of the partnership and profits

  • Losses are shared between them


Advantages:


  • Easily formed

  • Greater continuity than sole trader

  • More people are available to contribute capital to the business

  • Expenses and management of the business are shared

  • Good way of sharing the pressure and work involved in starting a business


Disadvantages:


  • Generally unlimited liability

  • Possible conflicts between partners

  • Each partner is fully liable for the debts of the business

  • Membership limit of twenty restrict resources of business

  • There is a danger that conflicts of personality could ruin your business

  • It may be difficult to expand

  • You may have to sell your possessions if the company goes into dept


Private Limited Company (Ltd.)


  • Liability is limited

  • This type of business must include Limited (or Ltd) in its title name

  • It is allowed from two to an unlimited number of members (shareholders)

  • The capital of the firm is divided into shares, but the shares are not sold on the Stock Exchange and they cannot be advertised for sale publicly – share have to be sold privately

  • Some firms may wish to keep ownership within a particular group of people, within a family or a religious group

  • Rules contained in its articles of association:

  • e.g. may restrict share transfer, requiring members to offer shares to existing shareholders before attempting to sell them to non-members

  • Minimum of two people form a company, becoming its shareholders

  • To establish such a company, specific administrative procedures must be followed:

  • Shareholders must appoint a director and a company secretary

  • Responsibilty of each shareholder is limited to the amount of money that they have contributed

  • Letters Ltd. after their name


Advantages:


  • Can have more people contributing capital than the sole proprietor or partnership

  • Have greater continuity than smaller businesses

  • Have limited liability

  • The financial risks that you are taking are restricted

  • Good way of sharing the pressure and work involved in starting a business

  • You can increase your capital by selling shares


Disadvantages:


  • May be limited in the capital they can raise because the shares cannot be offered for public sale

  • Capital raising possibilities can be further reduced if articles of association restrict share transfer

  • Audited accounts (Offenlegung der Konten) have to be available for inspection

  • There is danger that conflicts of personality could ruin your business

  • It is complicated and expensive to set up


Public limited companies (plc)


  • Indicate its public status by including the letters plc in the title name

  • It is allowed form two to an unlimited number of shareholders

  • It can advertise shares and debentures (Optionsscheine) for public sale

  • Capital raising easy: public company shares are listed on the Stock Exchange

  • Encourage people to contribute to the original share capital because they know they can easily sell their shares second-hand on the stock market

  • When an investor buys shares they become a part owner: this entitles (ermächtigen) them to a share of the company’s profit, gives them the right to some say in the way that the company is operated

  • Usually the shareholders elect a small committee called a board of directors to decide on behalf of the shareholders. Chairperson is also elected to regulate board meetings

  • Board appoint a managing director to carry out the day-to-day operation of the firm

  • Public is able to buy and sell their shares on the Stock Exchange

  • Letters plc after their name

  • Minimum share capital for a public limited company is £50,000

  • Unsuitable choice for small businesses


Advantages:


  • Have limited liability

  • Enjoy maximum continuity

  • Can raise large sums of capital

  • Large size enables them to enjoy “economies of scale”, such as being able to buy supplies in bulk

  • Size allows them to buy special equipment which will save in labour and expense

  • Find it easier to borrow money than smaller businesses because they are less risk than smaller firms

  • You can increase your capital by selling shares


Disadvantages:


  • Formation involves considerable documentation and expense

  • Company, employees and shareholders become too detached from one another because of large size

  • Ease of transfer to share ownership can lead to “takeover” bids for company

  • Tend to develop too many rules

  • The annual accounts of the company are open to public inspection which reduces confidentiality of the firm