Thursday 2 August 2012

Characteristics of Major Forms of Ownership


Common Business Entity Types
Business Entity Characteristics
Sole Proprietorship
Formation
No filing required.
Cost of formation
Low
Personal liability
Owners have unlimited liability.
Continuity of the  business
End on death or upon termination by proprietor.
Tax Treatment
Not a separate taxable entity. Income/loss is passed through to the owners.
Number of Owners
1
Transferability of ownership
Fully transferable through sale or transfer of company assets.
Limited Personal Liability
Unlimited
Formalities and
Record-keeping
Relatively few legal requirements.
Management
Sole proprietor has full control. Partnerships have a flexible management and operational structure.
Raising capital
Limited access to capital.
Recommended for:
Owners wanting minimal formalities, maximum flexibility, and not worried about personal liability.
Business Entity Characteristics
Partnership
Formation
No written partnership required (but advisable).
Cost of formation
Moderate
Personal liability
Owners have unlimited liability.
Continuity of the  business
Dissolves upon death or retirement of partner (business may continue).
Tax Treatment
Not a separate taxable entity. Partners pay on their proportional shares at individual rate.
Number of Owners
2 or more
Transferability of ownership
May require consent of all partners.
Limited Personal Liability
Unlimited
Formalities and
Record-keeping
Few legal requirements.
Management
Typically each partner has an equal voice unless otherwise agreed.
Raising capital
Contributions from partners or an addition of more partners.
Recommended for:
Owners wanting minimal formalities, maximum flexibility, and not worried about personal liability.
Business Entity Characteristics
Limited Liability Company
Formation
Must meet formal   requirements specified by law.
Cost of formation
High
Personal liability
Shareholders are typically
not personally liable for corporate debts.
Continuity of the  business
Shareholders, directors, and officers.
Tax Treatment
"Double Taxation" (Earnings are taxed once at the corporate level and dividends are taxed again at the shareholder level).
Number of Owners
Any number
Transferability of ownership
Usually requires consent of all members.
Limited Personal Liability
Limited
Formalities and
Record-keeping
Formal meetings and
minutes are not required; however annual audited reports are required.
Management
The corporation is managed by the board of directors who are elected by the shareholders.
Raising capital
Sell shares of stock to raise capital.
Recommended for:
Owners wanting the liability protection of a corporation with less corporate formalities, and the simplicity of pass-through taxation of income.

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