Business Organizations in India - IT Project
Business Organizations in India - IT Project
Class: 9
Section: E
Roll no.: 11
Characteristics:
• Formation and closure: Sole proprietorship is a business structure
without a separate law, requiring minimal legal formalities to start
or close, although a license may be required in some cases. This ease of
formation and closure makes it a popular choice.
• Liability: Sole proprietors have unlimited liability,
meaning they are personally responsible for paying
debts if the business's assets are insufficient. This
means their personal possessions, such as their car,
can be sold to repay the debt.
• Sole risk bearer and profit recipient: The sole
proprietor bears the risk of business failure alone,
but if the business succeeds, they receive all profits as
a direct reward for their risk-taking.
• Control: The sole proprietor holds absolute control
over the business and all decisions, allowing them to execute their
plans without any external interference.
• No separate entity: The law does not differentiate between a sole
trader and their business, as the business's identity is tied to the
owner, who is therefore responsible for all business activities.
• Lack of business continuity: The sale proprietorship business, owned
and controlled by a single individual, can be significantly impacted
by factors such as death, insanity, imprisonment, physical illness, or
bankruptcy, potentially leading to business closure.
2. Partnership
The Indian Partnership Act, 1932 defines partnership as a relationship
between individuals who agree to share the
profit of a business, addressing the
disadvantages of sole proprietorship in
financing and managing expansion.
Characteristics:
▪ Formation: The Indian Partnership Act, 1932 governs partnership
business organizations, requiring legal agreements governing
relationships, profit sharing, and business conduct. Partnerships must
be lawful and profit-driven, and not for charitable purposes.
▪ Liability: A firm's partners have unlimited liability, with personal
assets used for debt repayment. They are
jointly and individually liable for debts,
contributing proportionally to their share
in the business. Each partner can recover
money equivalent to their shares in
liability.
▪ Risk bearing: Partners in a business share
risks, rewards in profits, and losses in an
agreed ratio, ensuring a balanced
distribution of profits and losses.
▪ Decision making and control: Partners in
a partnership firm share decision-making and daily activities control,
typically with mutual consent, ensuring joint efforts are made to
manage the firm's activities.
▪ Continuity: Partnerships lack business continuity due to partner
death, retirement, insolvency, or insanity, but remaining partners
can continue with a new agreement if desired.
▪ Number of Partners: Partnership firms require two partners, with a
maximum of 100 partners under the Companies Act 2013 and 50
members under the Companies (miscellaneous) Rules 2014.
▪ Mutual agency: Partnership is a business where partners act for all,
acting as agents and principals. Partners represent and bind others
through their acts, while also being bound by the acts of other
partners.
Merits/Advantages:
▪ Ease of formation and closure: Partnership firms can be formed easily
through agreements between partners,
involving business operations and risk
sharing, with no registration or closure
requirements.
▪ Balanced decision making: Partners can
manage various functions based on their
expertise, reducing work burden, and
reducing errors in judgments, resulting in
more balanced decisions.
▪ More funds: A partnership involves multiple partners contributing
capital, enabling larger funds and additional operations compared to
a sole proprietor.
▪ Sharing of risks: Partnership firms share risks, reducing anxiety,
burden, and stress for individual partners by ensuring they are
aware of potential risks.
▪ Secrecy: A partnership firm can maintain confidentiality of
operational information due to its legal exemption from publishing
accounts and reporting reports.
Limitations/Disadvantages:
A partnership firm of business organization suffers from the following
limitations:
▪ Unlimited liability: Partners are responsible for repaying debts from
their personal resources if business assets are insufficient to meet
debts. This joint and several liability may disadvantage those with
greater personal wealth, as they must repay the entire debt if others
can’t.
▪ Limited resources: Partnership firms often face challenges in
expanding beyond a certain size due to limited partner numbers and
insufficient capital investment contributions.
▪ Possibility of conflicts: Partnerships involve shared decision-making
authority, but disagreements can lead to disputes and financial ruin.
Unwise decisions can also result in termination if a partner leaves the
firm due to ownership transfer restrictions.
▪ Lack of continuity: Partnerships end when partners die, retire,
insolvent, causing lack of continuity. Remaining partners can enter
into a fresh agreement to continue business operations.
▪ Lack of public confidence: Partnership firms lack legal obligation to
disclose financial reports, making it challenging for the public to
verify their financial status, resulting in low public confidence in
them.
Types of Partners:
The partnership firm's understanding of partners is crucial for a
successful partnership, as it outlines their roles and responsibilities as
follows:
o Active partner: Active partners contribute capital, participate in
firm management, share profits and losses, and are liable to creditors,
actively participating in business operations on behalf of other
partners.
o Sleeping or dormant partner: Sleeping partners, who do not engage in
daily business activities, contribute
capital, share profits and losses, and
have unlimited liability.
o Secret partner: A secret partner,
whose association with the firm is unknown to the public, contributes
to the firm's capital, participates in management, shares profits and
losses, and has unlimited liability towards creditors.
o Nominal partner: Nominal partners, who use their name but do not
contribute to the firm's capital, are liable for debt repayments to
third parties, like other partners.
o Partner by estoppel: Partners by estoppel are individuals who,
through their initiative or behavior, appear to be a partner of a firm,
holding them liable for its debts in the eyes of a third party.
o Partner by holding out: A 'holding out' partner is someone who,
despite not being a partner in a firm, is represented as such, making
them liable to outside creditors for debts. To avoid this, they must
denial their role as a partner, or face third-party debts.