Exam code:8132
Legal structures for start-up businesses
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When setting up a business, an entrepreneur must choose the ownership structure that suits the business needs, particular circumstances and level of personal risk they are willing to accept
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Deciding on the best form of legal ownership requires the owners to consider many different factors
Factors to consider
Type of ownership
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Is unlimited or limited liability most appropriate?
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How much of a financial risk is the owner willing to take?
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Is the business based on an original idea or a franchise?
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Franchising usually requires a business to be established as private limited company
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Desire for control and privacy
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How much direct control over decisions does the owner(s) want?
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Do they want to be the sole owner, or would they be willing to share ownership with others?
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Does the owner(s) want to share the workload?
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Does the owner mind if the financial accounts are made publicly accessible?
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Sole traders and partnerships do not have to report their financial outcomes outside of the business
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Financial considerations
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How much start-up finance is required?
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Do the owners have enough capital of their own to invest?
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Might the business need to borrow or raise capital from other sources?
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How might the choice of finance affect the break even point/profits?
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How is finance to be managed?
Objectives for business growth
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Does the owner want it to grow?
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Will growth require further finance?
Examples of start-up business ownership recommendations
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Business description |
Key considerations |
Recommendations |
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Legal structures for established businesses
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Established businesses may consider changing their legal ownership for a range of reasons
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To raise finance
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To increase the business profile
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To attract new owners who can contribute time, ideas and share responsibilities
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Again, a range of factors need to be considered before changing the legal ownership of a business
Factors to consider
Objectives for business growth
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Does the existing owner want the business to grow?
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Will growth require further finance that cannot be obtained through borrowing?
Willingness to dilute control
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Does the existing owner want to retain the majority of ownership of the business?
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What reward does the existing owner expect to receive for their risk?
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Is the owner prepared to work with others to direct the business?
Implications of changing legal structures
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Do suitable alternatives to the current legal structure exist?
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What are the implications for business stakeholders of changing the ownership structure?
Examples of established business ownership recommendations
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Occasionally, business owners want to take back some control over a business and change its ownership in order to do so
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E.g. In 2004, Tom Singh, the founder of high street fashion retailer New Look, chose to withdraw the business from the London Stock Exchange
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It was taken back to being a private limited company, with Tom holding the majority of shares alongside other private investors
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Its owners wanted the freedom to pursue a particular strategy to grow the business without pressure to prioritise profits in the short term
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Examiner Tips and Tricks
Make sure you understand the benefits and drawbacks of each type of legal ownership, as this will help you analyse the options and recommend a suitable ownership for a particular business.
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