Unit 3-Bom-Ge
Unit 3-Bom-Ge
Factors like nature of the business, vision, the mission of the business,
levels of the business, nature of operations, geographic and political
factors etc. have to be taken into consideration before proceeding with
ownership decisions of the business from different types of Business
Ownerships.
Following are a few types of Business Ownerships
Sole Proprietorship
A sole proprietorship (also known as individual entrepreneurship, sole trader, or
simply proprietorship) is a type of an unincorporated entity that is owned by one
individual only. It is the simplest legal form of a business entity.
Note that, unlike the partnerships or corporations, a sole proprietorship does not create
a separate legal entity from the owner. In other words, the identity of the owner or the
sole proprietor coincides with the business entity. Because of this fact, the owner of
the entity is fully liable for any and all the liabilities incurred by the business.
3. Tax advantages
Unlike the shareholders of corporations, the owner of a sole proprietorship is taxed
only once. The sole proprietor pays only the personal income tax on the profits
earned by the entity. The entity itself does not have to pay income tax.
Disadvantages
Potential disadvantages include the following:
1. Unlimited liability of the owner
Since a sole proprietorship does not create a separate legal entity, the business
owner faces unlimited personal liability for all debts incurred by the entity. In other
words, if a business cannot meet its financial obligations, creditors can seek
repayment from the entity’s owner, who must use his or her personal assets to
repay outstanding debts or other financial obligations.
As per Section 2(62) of the Company’s Act 2013, a company can be formed with
just 1 Director and 1 member. It is a form of a company where the compliance
requirements are lesser than that of a private company.
The Companies Act, 2013 provides that an individual can form a company with
one single member and one director. The director and member can be the same
person. Thus, one person company means one individual who may be a resident
or NRI can incorporate his/her business that has the features of a company and
the benefits of a sole proprietorship.
Advantages Of OPC
Legal status
The OPC receives a separate legal entity status from the member. The separate legal
entity of the OPC gives protection to the single individual who has incorporated it.
The liability of the member is limited to his/her shares, and he/she is not personally
liable for the loss of the company. Thus, the creditors can sue the OPC and not the
member or director.
Less compliances
The Companies Act, 2013 provides certain exemptions to the OPC with relation to
compliances. The OPC need not prepare the cash flow statement. The company
secretary need not sign the books of accounts and annual returns and be signed only
by the director.
Easy incorporation
It is easy to incorporate OPC as only one member and one nominee is required for
its incorporation. The member can be the director also. The minimum authorised
capital for incorporating OPC is Rs.1 lakh. Thus, it is easy to incorporate as
compared to the other forms of company.
Easy to manage
Since a single person can establish and run the OPC, it becomes easy to manage its
affairs. It is easy to make decisions, and the decision-making process is quick. The
ordinary and special resolutions can be passed by the member easily by entering
them into the minute book and signed by the sole member. Thus, running and
managing the company is easy as there won’t be any conflict or delay within the
company.
Perpetual succession
The OPC has the feature of perpetual succession even when there is only one
member. While incorporating the OPC, the single-member needs to appoint a
nominee. Upon the member’s death, the nominee will run the company in the
member’s place.
Disadvantages Of OPC
Suitable for only small business
OPC is suitable for small business structure. The maximum number of members the
OPC can have is one at all times. More members or shareholders cannot be added to
OPC to raise further capital. Thus, with the expansion and growth of the business, more
members cannot be added.
Limited Resources
All the members of Joint Hindu Family Business totally depend upon the
ancestral property due to their limited liability.
Many commercial banks resist extending the credit limit due to the weak
financial position of the business.
Hence, this will result in limited expansion and growth of the business.
Less Compliances
The partnership firm has to adhere to very few compliances as compared to a
company or LLP. The partners do not need a Digital Signature Certificate
(DSC), Director Identification Number (DIN), which is required for the
company directors or designated partners of an LLP. The partners can
introduce any changes in the business easily. They do have legal restrictions
on their activities. It is cost-effective, and the registration process is cheaper
compared to a company or LLP. The dissolution of the partnership firm is
easy and does not involve many legal formalities.
Quick Decision
The decision-making process in a partnership firm is quick as there is no
difference between ownership and management. All the decisions are taken
by the partners together, and they can be implemented immediately. The
partners have wide powers and activities which they can perform on behalf of
the firm. They can even undertake certain transactions on behalf of the
partnership firm without the consent of other partners.
The concept of the Limited Liability Partnership (LLP) was introduced in India
in 2008. An LLP has the characteristics of both the partnership firm and
company. The Limited liability Partnership Act, 2008 regulates the LLP in India.
Minimum two partners are required to incorporate an LLP. However, there is no
upper limit on the maximum number of partners of an LLP.
Among the partners, there should be a minimum of two designated partners who
shall be individuals, and at least one of them should be resident in India. The
rights and duties of designated partners are governed by the LLP agreement.
They are directly responsible for the compliance of all the provisions of the LLP
Act, 2008 and provisions specified in the LLP agreement.
Features of LLP
• It has a separate legal entity just like companies.
• The liability of each partner is limited to the contribution made by the partner.
• The cost of forming an LLP is low.
• Less compliance and regulations.
• No requirement of minimum capital contribution.
Limited Liability
If the company undergoes financial distress because of whatsoever reasons, the personal assets of members
will not be used to pay the debts of the Company as the liability of the person is limited.
For e.g. If a Private Limited Company takes any loan and is unable to pay it off, the members are responsible
to pay only that much how much they own towards their own shareholding i.e. the unpaid share value. This
means, if you have no balance payable towards the number of shares you hold, you are not payable towards
any debt payable by the company even if the debt/credit amount remains unpaid.
Fund Raising
A Private Limited Company in India is the only form of business except for
Public Limited Companies that can raise funds from Venture Capitalists or
Angel investors.
Free & Easy transfer of shares
Shares of a company limited by shares are transferable by a shareholder to any
other person. The transfer is easy as compared to the transfer of an interest in a
business run as a proprietary concern or a partnership. Filing and signing a
share transfer form and handing over the buyer of the shares along with a share
certificate can easily transfer shares.
Disadvantages of a Private Limited Company
• One of the main disadvantages of a Private Limited Company is that it
restricts the transferability of shares by its articles.
• In a Private Limited Company the number of shareholders, in any
case, cannot exceed 50.
• Another disadvantage of a Private Limited Company is that it cannot
issue prospectus to the public.
• In the stock exchange shares cannot be quoted.
Public Company
A public company is a corporation wherein the ownership is dispensed
to general public shareholders through the free trade of shares of stock
over-the-counter at markets or on exchanges. Even though a minute
percentage of shares are initially given to the public, the daily trading
which happens in the market will determine the worth of an entire
company. It is termed as ""public"" as the shareholders, who become
equity owners of the firm, may be composed of any individual who
buys stock in the firm.
• Limited Capital
• Inefficient Management
• Absence of Motivation
• Rigid Rules and Regulations
• Lack of Competition
• Cash Trading
• Weightage to Personal Gains
• Undue Government Intervention
Unorganized (informal enterprises) versus organized
(registered/incorporated enterprises)
Sectors are majorly divided into three categories primary,
secondary and tertiary.
Governed by Various acts like Factories Act, Bonus Act, Not governed by any act.
PF Act, Minimum Wages Act etc.
Government rules Strictly followed Not followed
Remuneration Regular monthly salary. Daily wages
Job security Yes No
Working hours Fixed Not fixed
Overtime Workers are paid remuneration for overtime. No provision for overtime.
Salary of workers As prescribed by the government. Less than the salary prescribed by the
government.
Contribution to Provident Yes No
fund by the employer
Increment in salary Once in a while Rarely
Benefits and perquisites Employees get add-on benefits like medical Not provided.
facilities, pension, leave travel
compensation, etc.
Business Families and Family Business
A family business is a commercial organization in which decision-making is
influenced by multiple generations of a family, related by blood or marriage
or adoption, who has both the ability to influence the vision of the business
and the willingness to use this ability to pursue distinctive goals.
They are closely identified with the firm through leadership or ownership.
Family business is the oldest and most common model of economic
organization.
The vast majority of businesses throughout the world—from corner shops to
multinational publicly listed organizations with hundreds of thousands of
employees—can be considered family businesses.
Family business, as the name suggests, is the business which is actively
owned, operated and managed by two or more members of the single-
family. Here, members may be related by blood, marriage or adoption.
Basically, in a family business:
• Single-family owns majority percentage of ownership
• Possess voting control,
• Has power over strategic decisions,
• Has the involvement of multiple generations of the same family and
• Senior management of the firm is drawn from the same family.
Characteristics of Family Business
A family business is characterized by:
• Members: A group of people, who are the members of the same family owns
and runs the business enterprise.
• Position of members: The position of family members in the business
depends on the relationship which the family members have with one another.
• Control: As the family owns a majority share in the company and also
constitutes the senior management, it can exercise control over the business.
• Mutual interest: As the family members occupy the key positions in the
business, it can exercise influence on the policies of the firm, as per the mutual
interest of the family and firm.
• Involvement of multiple generations: The operation and
management of the business are looked after by the family, and so the
reins are passed on, from one generation to another.
• Mutual Trust: All the members of the family have mutual trust in
each other, as they have a common origin, the same set of values,
ethics and business orientation.
• Integrity and Transparency: It is generally characterised by strong
moral principles and honesty towards business goals and business
transparency.
Structure of Family Business
The three-circle model of the family business system is represented as
under:
In this model, the first circle indicates ‘ownership’, the second circle
represents ‘family’ while the third represents ‘business’. Now we will
discuss entity in detail:
Family owners: This group include those family members who own a
part of the business but do not take part in its operations.
Together they constitute the third largest economic contribution in the world
(after the US and China) by revenue – despite the global economy shrinking
by 3.5% in 2020.
They are vital to the future health and growth of every country’s economic
well-being during the post-pandemic recovery.
Almost half (236) of all the businesses in the Index are based in Europe,
indicating it is a nurturing environment for family-owned businesses.
Germany is home to 16% of firms as well as two of the largest in the Index,
Schwarz Group and BMW – which reflects the strength of the German
economy as well as the fact that 90% of all businesses in Germany are family-
controlled, according to the Foundation for Family Businesses.
The Americas continue to be the base for one-third of family businesses. It is
no surprise that the US, as the world’s largest economy, boasts the highest
number of family businesses (119) in the Index (24%). Collectively, these 119
companies contribute 81% (US$2.5 trillion) of the combined revenue in the
Americas and employ 6.4 million people. Seven out of the 10 biggest family
businesses globally are from the US, including Walmart, Berkshire Hathaway
and Ford. Canada and Mexico each have fourteen family companies in the
Index.
India’s two largest family businesses, Reliance Industries and Aditya
Birla Group, are among the twenty largest family businesses in the
Index.
When the product specifications demanded by the market enter the production
department, the team then thinks about how to produce efficiently. For
example, do they need to buy new machines or rely on existing production
facilities? If it is necessary to purchase a new machine, the production
department then drafts a budget for submission to the finance department.
The finance department then considers whether the currently available budget
is sufficient. If it’s not enough, the team thinks about financing it, whether the
company needs to raise capital, for example, by issuing debt or equity.
The decision to allocate money by the finance department is not only for the
production department but also for other business functions, be it marketing
and human resources. For example, the marketing department needs funds to
promote products, or the human resources department needs it to recruit new
workers.
Then, to carry out each function successfully, your company needs skilled and
productive individuals. In this case, human resource management is at the
forefront. This function recruits workers, provides training and development,
sets the compensation, and motivates them to provide the best for your
company.
Types of business functions
Operation
The operations function is sometimes called the production function. You
are probably familiar with the term production department as well. As the
name implies, this function is responsible for the activities of producing
goods or providing services, including: