towards the attainment of a goal or goals. FORMS OF BUSINESS ORGANIZATION
1. Sole Proprietorship 2. Partnership 3. Corporation SOLE PROPRIETORSHIP
Organized, owned and managed by a single
person, who alone assumes the risk of the enterprise. Where an individual owns all the assets. The simplest business form. He/she must also raise a sufficient amount of capital to support the survival of his/her business. ADVANTAGES
Easy to start. Anyone with a good idea and the willingness to
accept risks can start a business as a proprietorship. Little government regulation. Accurate tax records must be kept and certain employment guidelines must be followed. In most cases, proprietorship has the least regulations. Profits stay with owner. Owner does not have to share money from the business with anyone else. Pride of ownership. The owner can see the progress of the business and feel proud to run it. Complete control. Owner has complete authority over business decisions. The owner decides alone on what product to produce, how many hours will the firm be open for service and who will be the manager of the firm. Lower taxes. The tax is the same as the personal income of the proprietor. DISADVANTAGES
Unlimited liability. The owner’s personal assets can
be used to pay bill of the business or it can also be used to pay debts of the business. Limited life of the business. If the owner dies, the business ceases to exist. Difficult to raise money. It is difficult and expensive to raise money due to financial limitations of the owner. PARTNERSHIP
An agreement in which two or more persons combine
their resources in a business with a view to make a profit. Article 1767 of the New Civil Code states: “By the contract of partnership, two or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the profits among themselves.” In order to establish the terms of the business and to protect partners/shareholders in the event of disagreement or dissolution of the business, a partnership/shareholders agreement should be drawn up, usually with the assistance of a lawyer. Partners share in the profits according to the terms of the agreement. Partnership Agreement . A legally binding document that specifies how the responsibilities and profits/losses from a partnership will be divided between the partners. General Partnership . All members share the management of the business and each is personally liable for all the debts and obligations of the business. This means that each partner is responsible for and must assume the consequences of the actions of the other partner(s). Limited Partnership. Some members are general partners who control and manage the business and may be entitled to a greater share of the profits, while other partners are limited and contribute only capital, take no part in control or management and are liable for debts to a specified extent only. A legal document, setting out specific requirements, must be drawn up for a limited partnership. ADVANTAGES
Easy to start. Partners need only to agree on how they will
share both responsibilities and rewards. Little government regulation. They only need to keep good records for tax purposes and meet guidelines related to employment practices. Not difficult to raise funds. All partners’ financial assets are considered by a bank or other lender. This makes it possible for the partners to borrow more than anyone of them. Each partner may have some money available to put into the business directly. Combination of skills. Using the distinct skills of each partner may increase the efficiency of the firm. One partner may be good at selling and the other better at record keeping. DISADVANTAGES
Unlimited liability. The owner’s personal assets can be used
to pay debts of the firm. Even a partner who has not put any money into the business is subject to unlimited liability. Profits are shared. Profits must be shared according to their partnership agreement. Even if you work hard or not, the share will depend on the agreement. Limited life of the business. Business stops when any one of the partners dies or is unable to participate. Thus, a successful business may have to be ended even though other partners may want to continue it. A new partnership can be formed to continue the business. Part of the firm’s assets may have to be sold to pay off the deceased partner’s share. Disagreements. They may have the same plan but they may differ in carrying out these plans. Disagreements could lead to inefficient operations and even to the end of partnership. CORPORATION
A separate body consisting of at least five individuals
is treated by law as a unit. A legal entity that is separate from its owners, the shareholders. No shareholder of a corporation is personally liable for the debts, obligations or acts of the corporation. Directors, officers and insiders can bear some liability for their involvement with the corporation. A corporation is identified by the terms "Limited", (Ltd.), "Incorporated", (Inc.) and "Corporation" (Corp.). Whatever the term is, it must appear with the corporate name on all documents, stationery, and so on, as it appears in the incorporation document. Articles of incorporation . Refers to the written application to the government requesting permission to form a corporation. Charter. Pertains to the legal authorization to organize a business as a corporation. Stock. Refers to the share of ownership in a corporation. Normally, stockholders must elect a Board of Directors. The members of the board supervise the operation of the business but usually do not take an active part of running it and select the people who will run the company. Private Corporation . It can be formed by one or more people. Furthermore, it cannot sell shares or securities to the general public unless it applies for an IPO (initial public offering) which would then make the corporation a public one. Public Corporation . It is a kind of corporation that offers its securities to the public. Stock Corporation. An ordinary business corporation organized by private persons, created and operated for the purpose of making a profit which may be distributed in the form of dividends to stockholders on the bases of their invested capital. Non-stock, Non-profit Corporation . A business corporation which does not issue stock to its members and created not to profit but for the public good and welfare.
Cooperative. An organization composed primarily of
small producers/consumers who voluntary join together to form a business enterprise, which they themselves own, control and patronize. ADVANTAGES
Easy to raise funds. More alternatives or methods of
acquiring funds. Limited liability. It is the concept that owners of a business are only responsible for its debts up to the amount they invest in the business. Stockholders (owners) only risk the money they paid for the stock. If the corporation goes bankrupt or is sued, the owner’s other assets cannot be used to pay the debts of the business. Unlimited life. Even if all the owners of stock died, the corporation will continue. Specialized management. They can hire specialized managers in all parts of the business. Risks are shared. Each stockholder takes some risk. However, it is not necessary for the stockholders to accept all the risk. DISADVANTAGES
Difficult to start. This requires government approval which could
result into bureaucracy. Bureaucracy refers to a business/government system that is characterized by “red tape” and other complicated processes. Less direct control. Professional managers run the business and are in charge of the firm’s operations. Owners are usually far from the day-to-day operation of the business. Double taxation. The corporation’s profits are taxed by corporate income taxes. The corporation also pays dividends which are out of the firm’s after-tax income. Dividends are parts of the corporation’s income that is paid to its stockholders. Then, stockholders pay personal income taxes on the dividends. Thus, each peso of the corporation earnings may get taxed twice. Limited activities. Corporations are limited to activities that are stated in their articles of corporation. This states the purpose of the business.