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Business ownership
Sole trader
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Editor's Notes

  1. SOLE TRADER A sole trader is a one-person business, commonly found in trades where only small amounts of start up capital are required, and where there are very few advantages to the existence of larger organisations. They are usually providers of a specialist service, such as hairdressers, photographers, or tradespeople such as plumbers and electricians. Sole traders often employ people, but as there is only one owner, decisions can be made quickly without consulting anyone else. However, they have to provide all the finance (often savings and bank loans) and bear all the risks of the business venture, but in return, they have full control of the business and enjoy all the profits. Sole traders risk their own assets and if the business gets into trouble, they may have to sell their house or other belongings to pay what is owed. This is called unlimited liability. A sole trader can be referred to as an unincorporated business - this means that there is no legal difference between the business and the owner. It is easy to set up as no formal legal paperwork is required.    Sole traders often work long hours. They may find it difficult to take holidays or time off if they are ill.  
  2. Running a business can be a lonely thing to do, particularly during the tough times. To overcome many of the problems of operating as a sole trader, a partnership can be formed. A partnership is an association of individuals and generally there will be between 2 and 20 partners. Registering as a partnership allows you to share costs, responsibilities and risks with another person. In return, you'll have someone to support you and help you make the important decisions. It can be easier to raise the capital needed to run the business. The most common examples of a partnership are doctor's surgeries, veterinarians, accountants, solicitors and dentists. People in business partnerships can share skills and the workload. For example, a group of doctors are able to pool knowledge about different diseases, and two or three doctors working together may be able to operate a 24 hour service. When one of the doctors is ill or goes on holiday, the business can cope. Like a sole trader, all partners will need to register as self-employed. Partners make all the management decisions without interference from a board of directors. Choose your partners carefully and make sure they are completely trustworthy: all partners are equally financially responsible for all debts incurred by the business. This means if the business runs into trouble, creditors can claim personal assets from you to pay off debts, even if those debts are incurred by another partner - and even if you invested less than another partner. It’s a good idea to draw up an agreement on the responsibilities and rights of each partner (known as a Deed of Partnership or The Articles of Partnership). The Deed of Partnership is a legal document which is witnessed by a solicitor, and sets out important details such as how the profits and losses will be allocated, or what will happen if the business runs into trouble. As stated earlier, most partners in a partnership face unlimited liability for their debts. The only exception is in a Limited Partnership. This is where a partnership may wish to raise additional finance, but does not wish to take on any new active partners. To overcome this problem, the partnership may take on as many Sleeping (or Silent) Partners as they wish - these people will provide finance for the business to use, but will not have any input into how the business is run. In other words, they have purely put the money into the business as an investment. These Sleeping Partners face limited liability for the debts of the partnership. A partnership, just like a sole trader, is an unincorporated business.
  3. A company is owned by shareholders who appoint directors to run the business. Companies are limited – they and the people who own them are separate. This means that although owners are responsible for the business, they are not responsible for paying creditors if the business goes bust. Assets can be seized from the business but not the owners. The ownership of a limited company is divided up into equal parts called shares. Whoever owns one or more of these is called a shareholder. Shareholders have limited liability, which is the major advantage of a limited company. The maximum sum they can lose is the sum of money that they have invested in the company. Every company must register with Companies House, and must have at least one director and an official address. A limited company has special status in the eyes of the law. These types of company are incorporated, which means they have their own legal identity and can sue or own assets in their own right. Because limited companies have their own legal identity, their owners are not personally liable for the firm's debts. There are two main types of limited company Private Limited Company This is a type of joint-stock company (that is, it is an incorporated business - where the business has a separate legal identity from the owners). Often private limited companies are small, family run businesses which are owned by shareholders. Each shareholder in a private limited company MUST be a part of the business and under no circumstances can any shares be sold to members of the general public. Each share entitles the owner to 1 vote at the company's Annual General Meeting (A.G.M.) and also to a share of the company's profit at the end of the financial year (a dividend). Each shareholder has limited liability for the company's debts and can, therefore, only lose the value of their investment in the company. A company is run by a Board of Directors (who are elected by the shareholders) and this is headed by a Chairman. Before a company can be formed, a number of legal documents must be completed - most important are theMemorandum of association and the Articles of Association. These cover details such as : the objectives of the business its headquarters and registered office the amount of capital to be raised from the sale of shares details concerning meetings within the business the arrangements for auditing the accounts of the business. When these are completed, they are sent to the Registrar of Companies, who will then issue the business with aCertificate of Incorporation which allows the business to trade as a Private Limited Company. The company's name must finish with the word Limited and it must raise less than £50,000 of share capital. It can be very difficult for a shareholder in a private limited company to sell their shares, since a buyer must be found within the framework of the company.  Public Limited Company (P.L.C.) This is the other, much larger, type of joint-stock company and, just like a private limited company, a PLC is an incorporated business, is run by the Board of Directors on behalf of the shareholders and has an A.G.M. at which shareholders vote on certain key issues relating to the company. The main difference between a PLC and a private limited company is that a PLC can sell its shares on the Stock Exchange to members of the general public and can, therefore, raise significantly more finance than a private limited company. If a private limited company wishes to become a PLC, then it must change its Memorandum and Articles of Association and re-submit them to the Registrar of Companies. If the company is considered to have acted legally and for the best interests of its shareholders, then it will be issued with a new Certificate of Incorporation and also with a Certificate of Trading, which will allow it to sell its shares on the Stock Exchange. The price of the shares will then fluctuate according to investors' perceptions of the PLC. It is often the case with a PLC that the owners of the company (shareholders) will wish the PLC to make as much profit as possible, so that the shareholders will receive a very handsome dividend per share. However, the Board of Directors and the management will often wish to devote some of the PLC' s resources to growth and diversification (such as the introduction of new products) and this will clash with the shareholders' desire for maximum profits. This is known as the divorce of ownership and control. The PLC has to publish its annual accounts (known as disclosure of accounts) and therefore is extremely vulnerable to investors' and bankers' perceptions about its progress and success. Following on from this, a PLC is also at risk from a takeover from an outside body, if they manage to accumulate over 50% of the shares in the PLC.
  4. Franchising Franchising has led to a rapid growth in the presence of many high-street stores in the UK over the past 10 years (e.g. McDonalds, Tie Rack, Perfect Pizza, and The Body Shop). A business franchise involves the franchisor (the owner of the business) selling a business format to a franchisee (the purchaser of the business name) in return for a fixed sum of money and a percentage royalty on sales revenue. The franchisee will be based locally and is likely to be making his initial business venture. He buys the business format, which has been tried and tested in other areas, and it is therefore a far less risky venture than setting up his own business. The franchisee has a licence to trade under the franchisor's name and also to use the logos, trademarks, etc. the licence that the franchisee buys is usually restricted to a specific geographical area and for a limited period of time. Where materials are an important part of the business (e.g. burger and pizza shops) the franchisee must buy an agreed percentage of supplies from the franchisor, who makes a profit on these supplies as well as ensuring the quality of the final product. The franchisor also takes a percentage of the sales of the business, without having to risk capital or become involved in the day-to-day management. The franchisee benefits from trading under a well-known name and enjoys a local monopoly. Training is usually arranged by the franchisor. The franchisee is his or her own boss and takes most of the profits. This process of selling the rights to use a company's name, logo, etc. can result in the parent company experiencing rapid expansion in a country, with little of the investment that would have been required had the company bought the outlets itself. The franchisee is provided with a ready-made product, financial and management help and advice, lower start-up costs than for a business of his own, and help with the store layout. However, the royalty must be paid to the franchisor even if a loss is made and the franchisee can have strict restrictions placed on their actions and promotions within the store, not leaving the franchisee much room for initiative and flair.
  5. Social Enterprises Social enterprises are businesses that trade to tackle social problems, improve communities, people’s lives, or the environment. They make their money from selling goods and services in the open market, but they reinvest their profits back into the business or the local community. When they profit, society profits. Running a social enterprise can be a real challenge. Dealing with day-to-day problems is time consuming, and it can be frustrating when your work fails to have an immediate impact on the community. Since social enterprises are businesses, they can fail if the market changes or an idea doesn't work out. Despite your hard work the social benefits of a social enterprise may take years to appear. A social enterprise can be a way to avoid dependence on funding and volunteering, by using the income it generates to become self supporting. Because social enterprises are more flexible than charities they can support innovative ways to achieve a social purpose. Social enterprises attract passionate people, so they can be genuinely inspiring places to work or volunteer. Social enterprises offer a way for people to use their skills and make a difference to the community or the environment. It's satisfying to take part in a project that genuinely makes a difference to society. Eden Project, Big Issue, CafeDirect, Jamie Oliver’s Fifteen Restaurant