CHAPTER - 2 - Business Structure
CHAPTER - 2 - Business Structure
Privatisation
The opposites of nationalization are privatization and demutualization. When previously nationalized assets
are privatized and subsequently returned to public ownership at a later stage, they are said to have undergone
renationalization. Industries often subject to nationalization include the commanding heights of the economy -
telecommunications, electric power, fossil fuels, railways, airlines, iron ore, media, postal services, banks, and
water.
Merit goods
Merit goods are those goods and services that the government feels that people will under-consume, and
which ought to be subsidised or provided free at the point of use so that consumption does not depend
primarily on the ability to pay for the good or service.
Good examples of merit goods include health services, contraception, education, work training programmes,
public libraries and museums, Citizen's Advice Bureaux and inoculations for children.
A List of Success Factors for sole trader
1. Leadership. Capable people who are able to focus on the big picture while directing the small picture.
They must neither be lost in the trenches; nor consumed with putting out fires; nor grinding their own
axes. Sole trader must be there for the business, and able to guide in powerful and sensitive ways.
2. Strategic and tactical plans. Businesses do not succeed flying by the seat of their pants. He/she needs
to write and execute plans to achieve success.
3. Powerful decisions. Realistic decisions that choose real goals and solve real problems are made
clearly and lead to prompt action.
4. Effective communications. Making the right decision is no good at all if the owner and workers are
still doing the wrong thing!
5. Continuous quality improvement. Customer demands are always changing, and the competition is
improving. If we don't get better, we will be left behind.
6. Great marketing and customer service. Find your customers, bring them in, and delight them—or
lose them forever.
The reasons why sole traders are often successful are:
Can offer specialist services to customers – e.g. appliance repair specialists.
Can be sensitive to the needs of customers – since they are closer to the customer and will react more
quickly, because they are the decision makers too.
Can cater for the needs of local people – a small business in a local area can build up a following in the
community due to trust – if people can see the owner they feel more comfortable than if the owner is
in some far off town, not able to hear the views of the local community.
A sole trader has many advantages, making it a popular business structure for small business owners. Here are
all the advantages that come from setting up a business as a sole trader.
1. Personal Liability
Sole trader businesses are not recognised as a separate legal entity. When you operate your
business as a sole trader, therefore, its liabilities and debts are your liabilities and debts. If the
business fails with debts to be paid, not only will you lose your income, but you’d also have to
pay the money owed from your assets, whether or not they’re connected to the business. Because
that liability is unlimited you could also lose your home as well as potentially facing bankruptcy.
2. Perceived Lack of Prestige
A sole trader may not appear to have the prestige of a limited company. Even though in many
cases it’s completely inaccurate, the public perception of sole traders is often of smaller, less
long-standing and less professional businesses than their limited company counterparts.
e.g., Some sole proprietors may work out of a garage or the basement of their home when starting
out. If your business is one that depends on customers coming to you, you may not be taken as
seriously as someone who operates out of a storefront or office. This lack of professional
appearance may cause potential customers to do business elsewhere.
3. Limited access to finance
As a sole trader, it can be very difficult to raise capital to expand the business.
Banks, in particular, often prefer the greater accounting transparency that comes with a limited
company compared with the more private nature of a sole trader. Because of this and the
perceived greater risks often involved, banks may be unwilling to lend large sums to sole traders.
Whether they do advance loans, the terms offered may not be as generous as those provided to a
limited company.
4. No one to share ideas with
Being a sole trader doesn’t stop you from having employees. However, ultimately all the
important decisions will fall on you and there’s no one to share accountability with. This lonely
existence, where one unwise decision that you alone make may prove disastrous, doesn’t suit
everyone. While you give up an element of control by going into business with others, you gain
the benefit of your collective ideas, experience and enthusiasm.
Many people work better sharing responsibility with others in either a partnership or a limited
company, making use of your different skills. You might be a great designer, for example, but not
feel comfortable doing the accounts.
5. Lack of business continuity
Problems can arise when a sole trader retires or dies. They, or their family, might want to be able
to sell the business that so much work has gone into building up, but that’s not easy when it’s
been operated as a sole trader.
Something else that needs to be considered is what happens if the sole trader is sick or has an
accident and therefore can’t work. As well as making it difficult to seek new income
opportunities, a sole trader working alone will be faced with the question of how to fulfil existing
contracts.
Partnership
The advantages of partnership over sole proprietorship are listed below:
1. Capital Contribution – In partnership, each partner bring capital in order to start the business. More
the partner, more the capital which will help them to grow more in the business. On the other hand in
sole proprietor as there is only one person to bring in the capital. Thus, the scope of raising capital is
high in partnership as compared to sole proprietorship business.
2. Risk Sharing – The losses or risk associated with business is shared among the partners; hence the
risk in partnership is less as in comparison to sole proprietorship.
3. Decision making- Decision making in a partnership firm could be faster and better in comparison to
sole proprietor as all responsibilities and business decisions fall on the shoulders of the sole proprietor.
4. Division of work –Each and every partner is specialized in different areas and they have different
skills. So, work is divided among the partners in accordance with their skills and knowledge in
partnership but in sole proprietor as it is owned and run by one person so not possible to divide the
work among many, individually have to perform all work.
5. Better work – As there is division of work among the partners according to their skills, there are
chances to work better and optimum utilization of resources is possible in partnership as compare to
sole proprietor.
In case partners do not adopt a partnership deed, the following rules will apply:
e. Partners will get 5% p.a. interest on loans to the firm if they mutually agree.
It controls and monitors the rights, responsibilities and liabilities of all the partners.
Avoids dispute between the partners.
Avoids confusion on profit and loss distribution ratio among the partners.
Individual partner’s responsibilities are mentioned clearly.
Partnership deed also defines a remuneration or salary of the partners and working partners. However,
interest is paid to each partner who has invested capital in the business.
Limited Companies
A limited company is a business that is owned by its shareholders, run by directors and, most
importantly, where the liability of shareholders for the debts of the company is limited.
Limited liability means that the investors can only lose the money they have invested and no more.
This encourages people to finance the company, and/or set up such a business, knowing that they can
only lose what they put in, if the company fails.
For people or businesses who have a claim against the company, "limited liability" means that they can
only recover money from the existing assets of the business. They cannot claim the personal assets of
the shareholders to recover amounts owed by the company.
To set up as a limited company, a company has to register with Companies House and is issued with a
Certificate of Incorporation. It also needs to have a Memorandum of Association which sets out what
the company has been formed to do, and Articles of Association which are internal rules over
including what the directors can do and voting rights of the shareholders.
Limited companies can either be private limited companies or public limited companies.
Shares in a public limited company (plc) can be traded on the Stock Exchange and can be bought by
members of the general public. Shares in a private limited company are not available to the general
public.
Shares in a private limited company cannot be offered for sale to the general public, so restricting
availability of finance, especially if the business wants to expand. Therefore, it is attractive to change
status.
It is also easier to raise money through other sources of finance e.g. from banks
Costly and complicated to set up as a plc – need to employ specialist bankers and lawyers to help
organise the converting to the plc.
Certain financial information must be made available for everyone, competitors and customers
included (would you want them to know how much profit you are making?)
Shareholders in public companies expect a steady stream of income from dividends, which might
mean that the business has to concentrate on short term objectives of creating a profit, whereas it might
be better to work on longer term objectives, such as growth and investment.
Threat of takeover, because another company can buy up a large number of shares because they are
traded publicly (can be sold to anyone). If they buy enough, they can then persuade other shareholders
to join with them to vote in a new management team.
Shares normally pay dividends, which is a share of the profits at the end of the year. Companies on the
Stock Exchange usually pay dividends twice each year.
Over time the value of the share may increase and so can be sold for a profit – this is known as a
"capital gain". Of course, the price of shares can go down as well as up, so investing in shares can be
very risky.
If they have enough shares, they can influence the management of the company. A good example is a
"venture capitalist" that will often buy up to 80% of the shares of a company and insist on choosing
some of the directors.
Flotation
A company may float on the stock market. This means selling all or part of the business to outside investors.
This generates additional funds for the business and can be a major form of fund raising. When shares in a
"plc" are first offered for sale to the general public as the company is given a "listing" on the Stock Exchange.
As a business becomes larger, the ownership and control of the business may become separated. This
is because the shareholders may have the money, but not the time or the management skills to run the
company. Therefore, the day-to-day running of the business is entrusted to the directors, who are
employed for their skills, by the shareholders.
The shareholders are therefore "divorced" from the running the business for 364 days of the year. They
will have their say at the Annual General Meeting (AGM) of the company, where the directors present
the accounts and results. Very recently a couple of businesses have had very strong shareholder unrest
leading the company to tone down a number of their decisions.
In practice directors tend to have at least a modest shareholding in the company. This provides the
director with an incentive to achieve good dividends and capital growth for the share (an increase in
the share price).
The most important difference between incorporated and unincorporated businesses is who is liable for the
debts of the business if it fails?
The answer to this question lies in the essential difference between an incorporated and unincorporated
business which is this:
An incorporated business is a separate legal entity. It exists separate from its owners (shareholders).
Franchises
A franchise provides an opportunity to buy into an existing, successful business model that has a
proven track record, a successful training program, a solid supply chain, and expert technical support.
Some of the best-known franchises have impressive success rates, with low chances of failure.
A franchise (or franchising) is a method of distributing products or services involving a franchisor,
who establishes the brand’s trademark or trade name and a business system, and a franchisee, who
pays a royalty and often an initial fee for the right to do business under the franchisor's name and
system. Technically, the contract binding the two parties is the “franchise,” but that term more
commonly refers to the actual business that the franchisee operates. The practice of creating and
distributing the brand and franchise system is most often referred to as franchising.
The main advantages to the franchisor of growing a business using franchising include: