Professional Documents
Culture Documents
Flexibility financing
PITFALLS IN SELECTING NEW Relative freedom Limited viewpoint &
VENTURES from government experience
1. Lack of objective evaluation control
2. No real insight into the market 2. PARTNERSHIP
3. Inadequate understanding of technical An association of two or more
requirements persons who act as co-owners of a
4. Poor financial understanding business for profit (Revised Uniform
5. Lack of venture uniqueness Partnership Act)
6. Ignorance of legal issues Each partner contributes money,
property, labor, or skills, and each
FORMS OF INTELLECTUAL shares in the profit/losses of the
PROPERTY business.
Advantages Disadvantages
Patent- a grant from the government that Ease of formation Unlimited liability of
gives an inventor exclusive rights to an Direct rewards at least 1 partner
invention. Protection to the invention Growth and reward Lack of Continuity
Copyright- Intangible property right facilitated
Flexibility
granted to authors and originators of a
Relative freedom
literary work or artistic production that falls
from government
within specific categories control and
Trademark- any distinctive name, word, regulations
symbol, or device (image or appearance), Possible tax
or combination thereof, than an entity advantage
uses to identify and distinguish its goods 3. CORPORATION
or services. A separate legal entity apart from
Trade Secrets- any information (formula, individuals who own it.
patterns, programs, strategy, techniques, Created by authority of state laws
process) that a business possess and that and usually is formed when a
gives the business an advantage over transfer of money or property by
competitors who do not know such prospective shareholders takes
information about them. place in exchange for capital stock
(ownership certificate).
LEGAL FORMS OF BUSINESS Advantages Disadvantages
ORGANIZATION Limited liability Activity restrictions
1. SOLE PROPRIETORSHIP Transfer of Lack of
Business that is owned and operated ownership representation
Unlimited life Regulation
by one person. Owner and enterprise
has one identity.
Advantages Disadvantages PARTNERSHIP AND
Ease of formation Unlimited liability CORPORATION: SPECIFIC FORMS
Sole ownership of Lack of Continuity
profit Less available 1. Limited Partnership
Decision making capital resources Are used in situations where a form
and control on one Relative difficulty of organization is needed that
permits capital investment without provide assistance to both debtors and
responsibility for management and creditors.
without liability for loss beyond the
Purposes of the Bankruptcy Act
initial investment.
2. Limited Liability Partnership 1. To ensure that the property of the
New form of partnership that allows debtor is distributed fairly to the creditors.
professionals the tax benefits of a 2. To protect creditors from having
partnership while avoiding personal debtors unreasonably diminish their
liability for a malpractice of other assets.
partners. 3. To protect debtors from extreme
If a professional group organizes as demands by creditors.
an LLP, innocent partners are not
APPROACHES TO CREATING NEW
personally liable for the wrongdoing
IDEAS
of the other partners.
3. Limited Liability Partnership 1. Creating the New Venture
A hybrid form of business 2. Acquiring an Existing Venture
enterprise that offers the limited 3. Obtaining a Franchise
liability of a corporation but the tax
FRANCHISING
advantages of a partnership.
4. S Corporation Franchising- any arrangement in which
Takes its name from Sub-chapter S the owner of a trademark, trade name, or
of the Internal Revenue Code, copyright has licensed others to use it in
under which a business can seek to selling goods or services.
avoid the imposition of income
Franchisee- purchaser of a franchise
taxes at a corporate level, yet retain
some of the benefits of a corporate Franchisor- seller of a franchise
form
Franchise Law
5. B Corporation
Divided into 23 categories that
Certified B Corporations are a new
provides different segments of info
way for businesses to solve social
for prospective franchisees.
and environmental problems. B
Developed to provide guidance in
Lab, a nonprofit organization,
complying with the Franchise
certifies B corporations
Disclosure Rule
6. L3C
A Low-profit, Limited Liability Advantages Disadvantages
Company, known as the L3C, can Training and Franchise Fees
provide structure that facilitates guidance Franchisor control
investments in socially beneficial. Brand-name appeal Unfulfilled promises
Has an explicit primary charitable Proven track record of the franchisor
Financial Assistance
mission and only a secondary profit
concern.