Professional Documents
Culture Documents
COMMERCE
[A UNIT OF SRI RAM SCHOOL PARIVAR]
Since-1996
1. SOLE PROPRIETORSHIP
2. JOINT HINDU FAMILY BUSINESS
OR
HINDU UNDIVIDED FAMILY BUSINESS [HUF]
3. PARTNERSHIP
4. COOPERATIVE SOCIETIES, AND
5. JOINT STOCK COMPANY.
❑SOLE PROPRIETORSHIP BUSINESS
➢It refers to that form of business organisation
which is owned , managed & control by a single
individual who is the recipient of all profits and
bearer of all risks or losses.
➢This is evident from the term itself. The word
“SOLE” implies “ONLY” and “PROPRIETOR” refers to
“OWNER”
➢Example: Saloon / Parlour, Medical Shop, General
Store etc.
❑FEATURES / CHARCTERISTICS / NATURE
OF SOLE PROPRIETORSHIP
I. Single Ownership:- The sole proprietorship
firm is owned by single individual only. All
the capital is supplied by the single
individual from his own wealth or from
borrowed fund.
II. Formation and Closure:- There is no legal
formalities required to start and close sole
proprietorship firm. Only in some cases a
license might be required.
III. Unlimited Liability:- In sole Proprietorship firm the
proprietor is personally liable for all the debts of the
business in case of business losses. If the business
assets are not sufficient to meet all business
liabilities, the proprietor may have to sell his
personal property to pay off the liabilities.
IV. No Separate Entity:- A sole proprietorship has no
legal identity separate from that of its owner. Law
makes no difference between the owner and the
business.
V. Lack of Business continuity:- The sole Proprietorship
business is owned & controlled by one person,
therefore Death, Injury, Imprisonment, lunacy, of the
sole trade will have a direct effect on the business.
VI. Control:- The Proprietor is the sole owner of the
firm and has full control over it. Some persons or
manager may be employed to help the owner but
ultimate control lies with the sole trader himself.
VII. Small Size:- A Sole Trader can arrange limited
funds and has limited managerial ability.
Therefore the scale of operations is generally
limited.
❑Merit / Advantages of Sole Proprietorship Firm
1. Quick Decision:- In Sole Proprietorship firm all
the decisions are taken by the proprietor
himself. He is not supposed to consult any one
and waste time.
2. Confidentiality of Information:- A Sole Trader
are not bound by law to publish firms
Accounts. The proprietor always maintain
secrecy related to business operations.
3. Direct Incentive:- In sole proprietorship firm
there is direct relation between the efforts and
rewards. Proprietor is always motivated to
work extra to get extra rewards.
4. Sense of Accomplishment:- There is a personal
satisfaction involved in working for one self.
5. Easy to Formation and Closure:- A Sole
Proprietorship Organisation is easy to form. No
legal formalities are Involved in setting up this
type of organisation. It can be closed by paying
back its debts.
❑Demerits / Limitation of Sole Proprietorship Firm
1. Limited Resources:- In Sole
Proprietorship firm finance is supplied
by the proprietor himself from his
wealth or from borrowing.
2. Limited Life of a Business:- The sole
proprietorship business is owned and
controlled by one person, so death,
lunacy, Imprisonment, Injury, of a
proprietor affects the business and can
lead to its closure.
3. Unlimited Liability:- The sole Proprietor is
personally liable for all the debts. In case of
heavy losses the proprietor will not only
lose all his business assets but he may have
to sell his personal property to pay back his
debts.
4. Limited Managerial Skills:- In sole
Proprietorship firm all the activities are
performed by a single individual. A single
individual cannot be expert in all the fields.
He may be good sales person but not a good
manager.
JOINT HINDU FAMILY BUSINESS
OR
HINDU UNDIVIDED FAMILY BUSINESS[HUF]
➢It is one of the oldest form of business organisation.
➢It refers to a form of organisation where in the business
owned and carried on by the members of the Hindu
Undivided Family. It is governed by the Hindu Succession
Act, 1956
➢The basis of membership in the business is birth in a
particular family.
➢The business controlled by the head of the family i.e.
eldest member known as “Karta”
➢All other members have equal ownership right over the
property of an ancestor & they are known as Co-parceners.
❑FEATURES / CHARACTERISTICS / NATURE OF
HINDU UNDIVIDED FAMILY BUSINESS
1. Formation:- For the formation of joint Hindu
family business, there should be at least two
member’s in the family and ancestral property to
be inherited by them.
2. Liability:- The liability of karta is unlimited,
whereas liability of all other members of joint
hindu family business is limited up to their share
in the business.
3. Control:- The control of the family business in
hand of karta. He takes all the decision and is
authorised to manage the business.
4. Continuity:- The business continues even after
the death of the karta as the next eldest member
takes up the position of karta.
5. Minor member:- In joint hindu family business a
child becomes a member by birth only, so there is
no restriction for a minor to become a member of
the business.
• Gender equality in the Joint Hindu Family a Reality
▪ According to the Hindu Succession (Amendment)
Act, 2005, the daughter of a coparcener of a Joint
Hindu Family business shall, by birth become a
coparcener. At the time of partition of such a ‘Joint
Hindu Family’ the coparcenary property shall be
equally divided to all the coparceners irrespective
to their gender (male or female). Married daughter
has equal rights in property of a Joint Hindu
Family.
❑Merit / Advantages of Hindu Undivided Family
Business.
1. Effective Control:- The Karta has absolute
decision making power. This avoid conflicts
among members.
2. Continue business existence:- The Death of the
karta will not affect the business as the next
eldest member will then take up the position of
karta.
1. Limited Liability of Co-Parceners:- The Liability of
all the members except the Karta is limited to
their share in the business.
4. Increased loyalty and cooperation:- Since the
business is run by the member of a family, there
is a greater sence of loyalty towards one other
and cooperate each other.
5. Secrecy:- Under the Joint Hindu Family Business
all control in hand of karta, therefore the
competitors business cannot get any important
information.
❑Demerit / Disadvantage / Limitation of
Hindu Undivided Family Business.
1. Limited resources:- The joint Hindu Family
business faces the problems of limited capital as
it depends mainly on ancestral property.
2. Unlimited Liability of Karta:- The karta burdened
not only with the responsibility of decision
making and management of business, but also
suffers from the disadvantages of having
unlimited liability. His personal property can be
used to repay business debts.
3. Dominance of Karta:- The karta individually
manages the business which may at times not be
acceptable to other members. This may cause
conflict amongst them and may even lead to
breakdown of the family unit.
4. Limited Managerial Skills:- Since the karta cannot
be an expert in all areas of management, the
business may suffers as a result of his unwise
decisions. His unability to decide effectively may
result into poor profit or even losses for the
organisation.
PARTNERSHIP BUSINESS
▪INTRODUCTION
➢Partnership is a popular form of business for small-
scale and medium scale business.
➢The inherent disadvantage of the sole
proprietorship in financing and managing an
expanding business certain the way for partnership
as a authentic option.
➢Partnership is an answer to needs of greater
capital investment, varied skills and sharing of risk.
➢The partnership form of business organisation is
governed by the INDIAN PARTNERSHIP ACT 1932
❑DEFINITION OF PARTNERSHIP
➢The relation between persons who have
agreed to share the profit and loss of the
business carried on by all or any one of them
acting for all.
or
➢It refers to that form of organisation in which
two or more than two persons willingly join
and agree to run some lawful business.
❑ FEATURES / CHARACTERISTICS OF PARTNERSHIP
1. Formation:- The Partnership firm of business is
governed by the Indian Partnership Act 1932. It
come into existence by legal agreement between
the partners (Partnership deed). In this
agreement the terms and conditions of partners
the ratio of sharing of profit and losses are
specified.
ACTIVE PARTNER
SLEEPING OR DORMANT PARTNER
SECRET PARTNER
NOMINAL PARTNER
PARTNER BY ESTOPPEL
PARTNER BY HOLDING OUT
▪ ACTIVE PARTNER:
✓The Active Partner participates in the management
or day to day activities of the firm.
✓He contributes capital in the firm.
✓He gets share in the profit or loss of firm.
✓His liability is unlimited.
▪ Sleeping or Dormant Partner:
✓The partner who does not participate in the
management.
✓He contributes capitals in the firm.
✓He gets share in the profit or loss of firm.
✓The liability of sleeping partner is unlimited.
▪ Secret Partner:
✓A secret partner is one whose association or
relation with the firm is unknown to the general
public or outsiders.
✓He participates actively in the management
✓He contributes capitals.
✓Get share in profit or loss.
✓His liability is also unlimited.
▪ Nominal Partners:
✓A Nominal Partner is one who allows the use of his
name by a firm
✓He does not take part in any management.
✓He does not contributes capitals.
✓Generally does not share its profit or losses.
✓But is liable, like other partners to the third parties
for the repayments of the firm’s debts.
▪ Partner by Estoppel:
✓The persons who accepts that he is a partner in the
partnership firm by his own words, behaviors, way
of talking is known as partner by estoppel.
✓He does not take part in day to day activities.
✓He does not contribute capitals.
✓Does not share profit / losses.
✓But is liable for the debts of the firm because in
the eyes of the third party they are considered
partners.
▪ Partner by Holding Out:
✓The Partner who does not call himself as a partner
in the firm but who does not object or deny when
others call him as a partner in the firm is known as
partner by holding out.
✓He also does not take part in management.
✓He also not contribute any capitals.
✓Does not share profit / losses.
✓Such a person becomes liable to outside creditors
for repayments of any debts.
❑Minor Partner
➢The Partnership Act, 1932 does not permit a minor
to become a partner in the partnership firm.
➢The minor can only be admitted to the benefits of
the existing firm.
➢Generally minor partners do not contributes any
capitals. It is depend on will of minor partner.
➢Minor partners are not allowed to participate in
the management of the firm.
➢A minor can share only the profit and can not be
asked to bear the losses.
➢He can if he wishes, inspect the account of firm.
➢After attaining the age of majority the minor has
to give a public notice within six months of
attaining majority stating whether he will remain
as a partner in the firm or not.
➢If he fails to do so, within the stipulated time, he
will be treated as a full-fledged partner and will
become liable to the debts of the firm to an
unlimited extent, in the same way as other active
partner are.
➢He will also be allowed to participate in the
management like any other active partner.
❑TYPES OF PARTNERSHIP
➢Partnership can be classified on the basis of two
factors:-
1. On the basis of Duration
2. On the basis of Liability
➢ On the basis of duration, there can be three types
of partnership:
1. Partnership at Will.
2. Fixed period partnership.
3. Particular partnership.
▪ Partnership at will:- This types of partnership
exists at the will of the partners and comes to an
end whenever partners desire. If any partner can
give notice of dissolution or withdrawal from
partnership will come to an end.