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Chapter 3

Types of business entity

3.1: Introduction

bulletA business entity is any organisation engaged in the production of goods and services.
bulletBusiness entities can be classified according to:
bulletLegal Structure
bulletPublic/Private sector
bulletIndustry Sector
bulletInternational and transnational

3.2: Classification by Legal Structure

bulletUnincorporated: Sole trader & Partnership
bulletIncorporated: Private & Public companies, Cooperatives: incorporation refers to the process companies go through in order to become a separate legal entity from the owners.
bulletSole Trader: a business owned and operated by only one person. No separate legal entity.
bulletPartnership: a legal business structure that is owned and operated by between two and 20 people with the aim of making a profit. A partnership can be verbal or by a written partnership agreement.

3.3: Types of Companies

bulletSteps involved in incorporation:
  1. Lodge an application with the Australian Securities and Investments Commission (ASIC) and receive a Certificate of Incorporation.
  2. Complete 2 compulsory sets of documents: the Memorandum of Association and the Articles of Association.
  3. Receive an Australian Company Number (ACN) that becomes part of the company name.
  4. Pay a required fee to the ASC.
bulletLimited Liability: the most money a shareholder can lose is the amount they paid for their shares. Therefore, if the company goes into liquidation the shareholders cannot be forced to sell their personal assets to pay for the debts of the business.
bulletPropriety (private) company: usually has between 2 & 50 private shareholders. Shares in these companies are only offered to those people the business wishes to have as part-owners.
bulletPublic Company: shares are listed on the Australian Stock Exchange (ASX) for the general public to buy and sell. It has:
bulleta minimum of 5 shareholders, but no limit to the number.
bulletno restrictions on the transfer of shares or raising money from the public by offering shares
bulletto issue a prospectus when selling their shares for the first time
bulleta minimum requirement of 3 directors (2 must live in Australia)
bulletthe word 'Limited' or 'Ltd' in its name
bulletto publish their audited financial accounts each year, their Annual Report.
bulletCooperative: a group of people who join together for a particular purpose.
bulletTrust: a relationship in which one person (the trustee) holds property (the trust property) on behalf of another (the beneficiary).
bulletFranchising: a license to operate an individually owned business as if it were part of a chain of outlets or stores.

3.4: Classification by Industry Sector

bulletPrimary Industry: those businesses in which production is directly associated with natural resources.
bulletSecondary Industry: takes a raw material and makes it into a finished or semi-finished product.
bulletTertiary Industry: performing a service for other people.
bulletQuaternary Industry: services that involve the transfer and processing of information and knowledge.
bulletQuinary Industry all services that have traditionally been performed in the home. :

3.5: Classification by Public/Private Ownership

bulletPublic business enterprises- government-owned and operated.
bulletPrivate business enterprises- businesses owned by private individuals of groups of individuals.

3.6: Classification According to Geographical Spread

bulletNational- operates in only one country.
bulletInternational businesses- produces products in only one country and exports them to overseas markets.
bulletTransnational (multinational) corporation (TNC)- a large business with  a home base in one country which operates partially or wholly owned businesses in other countries.

3.7: Selecting the Right Legal Structure

bulletFactors to consider in choosing the correct legal structure:
bulletsize of the business: total sales
bulletposition on the business life-cycle
bulletnumber of people involved
bulletmain activity of the business
bullettype and level of production
bullettaxation requirements
bulletavailability of finance
bulletlong-term goals
bulletgeographical spread
bulletdesire to raise extra capital in order to expand
bulletlevel of risk- unlimited or limited
bulletrecruitment needs
bulletowner's preferences
bulletlevel of competition

3.8: Factors influencing choice of legal structure

bulletOverall, factors to consider include:
bulletsize of the business
bulletownership structure
bulletfinances needed
bulletprocess of privatisation

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