Topic 4 - Business Entities, Rules and Support Updated
Topic 4 - Business Entities, Rules and Support Updated
Topic 4 - Business Entities, Rules and Support Updated
BUSINESS
ENTITIES, RULES
& SUPPORTS
At the end of this topic the students able to:
Owner enjoys a certain degree of flexibility, react Unlimited liability. Owner bear debt responsibility
quickly and positively when needed. including using personal assets.
Easy to form and dissolve, minimum formalities Future development is limited, depends on the
management capability
All profits will go to the owner Owner is solely responsible for carrying out all the
tasks, more time and effort needed
Income tax based on his total individual income life span of the business = the age of the owner and
efficient management
Less subjected to government rules and The business will be dissolved if the owner passes
regulations. Financial statement to the Inland away. If someone wishes to continue the business, it
Revenue Board does not require validation by a will have to be re-registered.
qualified auditor
b. Partnership
Terms &
members’ shares with the approval of the
company’s Board of Directors;
Conditions
of Private
A company is not allowed to offer or sell any
share or debenture to the general public;
Limited
Company
A company is not allowed to offer the general
public to deposit money within a stipulated time
frame; and
Funds are easy to acquire: exchange of share ownership or Company must pay corporate tax
loan
Shareholders not burdened with the management, More rules and regulations, must abide by
responsibility to manage and run the business held by the the rules and fulfil the terms set by the
Board of Directors appointed by the shareholders. Companies Commission of Malaysia.
Liabilities of the company’s members are limited to the Qualified Auditors must audit yearly
capital contributes. Shareholders’ personal assets are not financial statement and must be complete
affected. and regularly updated
The life span of the business is not dependent upon the age Financial affairs of the company must be
or resignation of its members made transparent to the general
Registration Companies Act – Private Limited A separate legal entity with Share capital Corporate
of Company 2016 Company (Sdn Bhd) the company’s liabilities (except for tax
(ROC) – Company Limited by separated from the CLG) (except for
Guarantee (CLG) directors’ and CLG)
– Unlimited Company shareholders’.
(Sdn) (except for Sdn and CLG)
– Public Limited
Company (Bhd)
– Foreign Company
• Acquiring a Franchise
4
a. Starting From Scratch
Advantages Disadvantages
Free to make his/her own decisions A lot of efforts, requires more time, energy
and money in ensuring the business kick-
off
Opportunities to try and practice Higher chances of losses due to high
his/her own ideas project implementation cost
Free to choose suitable business Not able to accurately estimate sales, cost
location and premise, and acquiring and profit. (zero business history (i.e. sales
appropriate machine and equipment's record, costing and so on)
for the business
Free to develop business image and Usually has no track record, difficult for
personality that suits their desire and entrepreneurs to convince the financial
interest. institutions for financing
b. Buying An Existing Business
Probability of getting the financing Need a lot of efforts, money and time to
is greater with good track record improve the situation for not well managed
predecessor
Existing market and loyal Have to respect and abide the agreements
customers of existing business made by the previous owner with related
parties (i.e. suppliers, agencies etc.)
Established networking with Conflicts could arise between the new owner
suppliers, supporting agencies and and existing employees
communities.
c. Family Business Succession
Pride of family culture, high commitment and Traditions practiced by older generation
motivation lead to business stability. passed on to new generation could lead to
resistance to change.
High possibility of achieving great monetary Nepotism (e.g. incompetent family member is
success due to high commitment. given a better management position).
The right to operate the franchise granted by the franchisor to the franchisee
involves a few payments made by the franchisee agreed upon the signing of a
franchise. These fees are:
Franchise Fee – one-off payment made by the franchisee to purchase the right to
operate the franchise
Royalty - an on-going payment made by the franchisee to the franchisor based
on the percentage of sales as agreed upon the signing of franchise contract
(monthly or yearly)
Advertising and Promotional Contribution - an on-going payment or
contribution made by the franchisee to franchisor’s advertising and promotional
fund.
d. Acquiring A Franchise… cont’d
• Franchisee acquires sale right (trade name, trademark and/or
Product/ product.
Tradename • Automotive, petrol kiosk, service station, soft beverages and
Franchise tire industries
Better market acceptance of products The franchisor can put more focus on product
and/or services offered as they are research and development since business
established products and/or services of the expansion is done through franchise system
franchisor.
Benefits of economies of scales Lower business risks as franchisor shares the
business risks with the franchisees
Guidance by the franchisor’s management Benefits of economies of scales
team
Continuous support from the franchisor Problems related human resource management is
and government agencies that involved in reduced due to the fact that the franchisees have
the development franchise industry. to manage the human resource related matters
themselves.
Disadvantages of Franchising… cont’d
To Franchisee To Franchisor
Limited freedom and flexibility to manage Franchisee conformity; difficult to manage the
the business according to franchisees’ franchisees in ensuring the conformity in the
desire system due to the fact that they are not
franchisor’s employees.
The franchise right granted by the The franchisor/franchisee goal incompatibility;
franchisor has its price to pay; the different business objectives as well as personal
franchise fee, royalty and advertising & objectives that could jeopardize the business
promotional contribution “marriage”.
Limited product varieties; the franchisees “Wrong” franchisee; There are franchisees who
are allowed to market and sell only the want an “easy-ride” in an attempt to gain instant
franchisor’s products popularity for the business.
Fear of chain-reaction; bad reputation and Competition through imitation of business
tarnished image due to the fault of either concept and model
the franchisor or the franchisee would
affect the whole franchise system
4.2 Business Rule and Law
4.2.1 Business Rule and Law
Business Infrastructure
• Law and regulation in setting up business premise
Manufacturing License
• The Industrial Coordination Act (ICA) 1975 requires person (s) engaging in any
manufacturing activity (making, altering, blending, ornamenting, finishing or any
other related activities) to obtain a license made to Malaysian Industrial
Development Authority (MIDA).
• Apply to the manufacturing companies with shareholders’ fund of 2.5m and above
or engaging 75 or more full-time employees.
A social security institution formed according to the Laws of Malaysia, Employees Provident
Fund Act 1991 (Act 452), provides retirement benefits for members through management of their
savings
All employers must register their employees with EPF immediately upon employment.
Provides a convenient framework for employers to meet their statutory and moral obligations to
their employees.
A contribution constitutes the amount of money credited to members' individual accounts in the
EPF. The current rate of contribution is 23% of the employee's wages of which 11% is from the
employee's monthly wage while 12% is contributed by the employer.
All employers and employees except foreign workers, expatriates and those who are listed under
the First Schedule must contribute to the Employees provident Fund (EPF). However, they can
choose to contribute at the rate of RM5.00 (employer’s share) per employee per month and 11%
of monthly wages by the employee.
3. Social Security Organization
The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of
Human Resources. Responsible for enforcing compliance of the law with OSHA 1994. DOSH also
enforces compliance with the Factories and Machinery Act 1967.
The OSHA 1994 provides legislative framework to promote, stimulate and encourage high
standards of safety and health at work.
The aim is to promote safety and health awareness, establish effective safety organization and
performance through self-regulation schemes designed to suit the particular industry or
organization. This Act also defines the responsibilities of employers, manufacturer, employees, self-
employed workers, designers, importers and vendors.
As for Factories and Machinery Act 1967, it provide for the control of factories on matters relating
to the safety, health and welfare of persons, and the registration and inspection of machinery.
Some high risk machinery must be certified and inspected by DOSH. All factories and general
machinery must be registered with DOSH for the purpose of registration before they can be
installed and operated in Malaysia.
4.3 Business Support Facilities
4.3.1 Business Infrastructure
Industrial Estates
Objective Type
1. Strengthening skills of 1. Soft loan
workforce 2. Grants
2. Entrepreneur development
3. Equity financing
3. Marketing & Promotion 4. Venture capital
4. Product Development & 5. Guarantee scheme
Quality accreditation
6. Tax incentives
5. Technology development
6. Debt restructuring
7. General
4.3.2 Who Provide the Financial
Assistance?