Illustrative diagram of the yellow card of companies incorporation of the types of business concerns. |
Business concerns are not all of
one type. From the points of economic view of capitalization, the legal control
and management, the various types of business organization are as follows-
THE SOLE TRADER
He provides the initial capital himself or borrows it from Friends
or from a bank on overdraft, if the person of substance is prepared to guarantee
Repayment. In the second case, probably and in the third case, certainly, the borrower
has to pay interest on the sum borrowed. This constitutes an initial handicap. Control
of business is however, entirely in the sole trader’s own decisions and if he
is prudent enough by not feeding on his own supply or resources, tactful and energetic,
enterprising, technically proficient and God fearing in the particular business
undertaken, and is not hampered by lack of capital, he may as often been done
before succeed in building up a sound business. The disadvantages of this type
of business lie in the difficulty of providing further capital for expansion.
If the business involves the keeping of a shop, the personal care given to customers
by the trader will count for much, but even this advantage is not so great as
it used to be, and the competition of large departmental and multiple chain
stores and bazaars often makes it difficult for the single shop owner to operate
at an adequate profit. Some of the large competitors however had their origin
in the single shop.
THE GENERAL PARTNERSHIP-
Partnership according to the
partnership act of 1890 is the relation which subsists between persons carrying
on business in common with a view of profit. By the companies Act of 1929, a
partnership formed for carrying on the business banking may not consist of more
than ten members and for any other business having as its object the acquisition
of gain the number of partners may not exceed twenty. The members of a
partnership are collectively known as a firm and the name they trade under is
the firm’s name. The firm name may be distinct from the true name of each
partner must be registered and the partners true names must be stated on the
notepaper, circulars and other business documents issued by the firm. The
liability of a partner is joint with all the other partners, not several. That
is there is only one liability –the firm’s liability and each partner is liable
for the debts of a firm to his last penny.
THE PARTNERSHIP ARTICLES
The rights and duties of the
partners as between themselves are usually set out in a document to which each
partner subscribes known as an Agreement, or Deed or Articles of partnership.
Partnership can exist without the partners entering into such agreement, but
the deed of partnership drawn up by a solicitor is always advisable. The nature
and value of duties or interest of any partner can vary from those of any other
partner to any extent, as may be agreed between them. Thus of two partners on
may contribute all the capital, the other all the skill. One may take three quarters
of the profits and the other only a quarter. One may be paid a salary in
addition to receiving his share of the profits, the other not. One may be in
sole control of the business, the other do nothing but receive his share of the
profits. Sometimes interest may be allowed on capital before the profits are
shared, sometimes interest may be charged on the partners drawings, while under
the deeds no interest on drawings is chargeable. Besides regulating all such matters,
the Deed of a partnership will determine what is to happen on the dissolution
or of a partnership and for the treatment on dissolution of a partnership or
the retirement of a partner, of that important asset of a business is known as
Goodwill. The partnership Deed may provide that the partnership shall continue
for a fixed period of time and the partnership is dissolved at the expiration
of the time fixed. But if the partnership is continued after that time and no fresh
agreement is made, it becomes a partnership where no fixed period is agreed for
its duration, is terminable at any given time by any partner upon his or her
giving notice to determine to each of his co-partners. Partnership agreements
invariably bind the patterns to settle any disagreement that may arise by.
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