The Main Types of Ownership (CIE IGCSE Business)

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Danielle Maguire

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Risk, Ownership and Limited Liability

  • When an entrepreneur starts a business, they need to consider what kind of legal structure they want for their business
  • Their decision will depend upon a range of factors
    • The level of personal risk they are willing to take
    • The advice they receive
    • The level of privacy they would prefer in running the business

Diagram: Types of Business Ownership

Businesses can operate as sole traders, partnerships, private limited companies or public limited companies

Businesses can operate as sole traders, partnerships or companies

 

  • Sole traders and partnerships are unlimited liability businesses
    • They are easy to set up and start trading
    • Information about their financial performance does not need to be shared outside of the business
       
  • Private limited companies and public limited companies offer the protection of limited liability to their owners (shareholders
    • Setting up a company is a legal process that takes time to arrange
    • Information about financial performance needs to be shared with Companies House and is available for scrutiny by any interested third party
       

A Comparison of Unlimited & Limited Liability


Liability


Description


Implications

Unlimited liability

  • The owners are fully responsible for all debts owed by the business
  • Owners are also legally responsible for any unlawful acts committed by those connected to the business

  • There is no legal distinction between the  owners and the business
  • As a result, these business owners may have to use their own personal assets to pay debts or legal fees
  • E.g. a sole proprietor may need to sell their home to pay creditors if their business fails

Limited liability


  • Owners (shareholders) of private limited companies and public limited companies can only lose the original amount they invested in the business if it fails
  • Shareholders are not responsible for business debts
  • In most cases shareholders cannot be held responsible for unlawful acts committed by those connected with the business

  • Companies are  incorporated and owners are considered a separate legal entity to the business 
  • This means that if a company fails, the owners would lose their investment (shares) but would not have to use their assets to meet additional debts or legal fees
  • E.g. In 2018 construction company Carillion entered liquidation and the shareholders lost their investments

Sole Traders, Partnerships and Limited Companies

  • When an entrepreneur starts a business, they will often start operating as a sole trader
  • Over time - or if the business requires significant investment - they may change the legal structure of the business
    • They may join with others to form a partnership to gain more funding or increase their capacity
    • They may form a private limited company to provide more financial security for the owners as they will benefit from limited liability
       

Advantages and Disadvantages of Different Ownership Structures


Structure


Explanation


Advantage


Disadvantage

Sole Trader

  • A business that has a single owner (although they may still hire employees)

  • Easy and inexpensive to set up
  • The owner has complete control over the business
  • All profits belong to the owner
  • Simple tax arrangements

  • Unlimited liability, meaning the owner is personally responsible for any debts the business incurs
  • Limited access to finance and capital
  • Limited skill set of the owner/entrepreneur

Partnership

  • Two or more people join together to form a business
  • Businesses commonly established as partnerships include law firms, accountancy businesses and small-scale construction businesses
  • Partnerships can often be identified by suffixes such as '& Son' or 'and Partner'

  • Easy to set up and inexpensive
  • Shared responsibilities and decision-making
  • More skills and knowledge are available
  • Increased access to finance and capital

  • Unlimited liability
  • Potential for disputes between partners
  • Profits are often shared equally, regardless of the contribution
  • Difficult to transfer ownership

Private Limited Company (Ltd)

  • The ownership of the business is broken down into a specified number of shares
  • These shares can be sold by the owner, usually to friends and family or to venture capitalists
  • Decision-making often rests with the person appointed to run the company, often called the Managing Director or CEO

  • Limited liability, meaning the owners are not personally responsible for the company's debts
  • Access to greater finance and capital
  • Easier to transfer ownership
  • Can provide a professional image and reputation

  • More expensive and time-consuming to set up
  • More complex legal requirements and regulations than sole traders
  • Annual financial reporting and auditing are required
  • Shareholders have little control over the company as the founder usually imposes their agenda

Public Limited Company (PLC)

  • When a business is growing rapidly it may require a significant amount of capital to fund its expansion
  • To secure this funding, it may choose to transition from a private limited company (LTD) to a public limited company (PLC)
  • This is a complex legal process  which involves undergoing a stock market flotation

  • Significant amounts of capital can be raised very quickly
  • The risks associated with ownership are spread among a larger group of shareholders
  • Becoming a PLC raises a company's profile and increase its visibility with customers, suppliers, and potential investors

  • The business is required to adhere to a range of legal and financial regulations which can be costly and time consuming to comply with
  • Selling shares to the public creates many shareholders who will have a say in how the company is run
  • PLCs are expected to deliver consistent growth and profits to their shareholders

Franchises & Joint Ventures

Franchising

  • Franchising involves a business (franchisee) buying the rights to operate an existing successful business model (franchisor)
    • This right includes the use of its branding and software tools, support from the successful company (franchisor) in exchange for an initial lump sum plus ongoing royalties

Diagram of Popular Franchise Businesses
Some of the many food franchises available in the US include Subway, Wendys and Holiday Inn

Some of the many food franchises available in the US
 

  • The franchisee operates the business under the franchisor's established system and receives training, marketing support, and ongoing assistance
  • The franchisee may initially be operating as a sole trader, partnership, or private limited company. Franchisors usually require the franchisee to become a private limited company 
     

The Advantages and Disadvantages of Owning a Franchise


Advantages


Disadvantages

  • A ready-made, recognised brand name which will be promoted centrally by the franchisor

  • The franchisor provides training, such as how to make pizzas properly, so as to ensure the quality and brand consistency 

  • Suitable suppliers do not need to be sourced as equipment and consistent supplies are provided through the franchisor
     
  • The franchisor guarantees an exclusive geographical area or market to the franchisee so competition is limited

  • Advice, training, use of software systems are ongoing and the franchisor may also provide loans, insurance and recruitment support

  • The cost to purchase a well-known franchise is likely to be high

  • Core decisions are made by the the franchisor, reducing the business owner's autonomy

  • Royalties linked to the level of sales must be paid regularly, regardless of profit
     
  • Required materials, supplies or equipment sold by the franchisor may be sold to the franchisee at inflated prices

  • If the franchisee does not follow strict franchise rules or fails to meet quality expectations their franchise rights can be removed 

Exam Tip

A franchise is not a form of business ownership - it is an alternative to starting up a brand new business from scratch. In most cases franchisors require businesses to operate as private limited companies as this ownership type is considered to have more stability than sole traders or partnerships

Joint Ventures

  • A joint venture is a medium- to long-term agreement for two or more separate businesses to join together to achieve a defined business outcome, such as entry into a new market
    • A new combined business entity is formed 
    • Risks and returns are shared by the parties involved in the joint venture
    • Businesses in a joint venture are usually looking to benefit from complementary strengths and resources brought to the venture

  • Many European companies have set up joint ventures with businesses in China
    • Chinese managers and employees understand market needs and consumer tastes, which gives the venture a greater chance of success
    • The Chinese government encourages joint ventures rather than foreign direct investment (FDI)
    • German car manufacturer BMW and Chinese rival Brilliance Auto Group formed a joint venture called BMW Brilliance in 2003 to produce and sell BMW cars in China

The Advantages and Disadvantages of Joint Ventures


Advantages


Disadvantages

  • Each partner in the joint venture benefits from sharing expertise and resources, such as distribution channels and R&D expertise

  • Joint ventures are less risky than 'going it alone' if  entering a new market or diversification

  • Local knowledge can be accessed when one of the joint venture partner companies is already based in the country

  • Costs are shared between joint venture companies, which is very important for expensive projects such as new aircraft

  • If the joint venture is successful, profits have to be shared between the partner businesses

  • Disagreements may occur regarding important decisions due to the input of managers in both businesses

  • The objectives of each business may change over time, leading to a conflict of objectives between joint venture partners

  • If the joint venture fails, it may need to be dismantled, reorganised or sold, which is likely to take significant time and resources

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Danielle Maguire

Author: Danielle Maguire

Danielle is an experienced Business and Economics teacher who has taught GCSE, A-Level, BTEC and IB for 15 years. Danielle's career has taken her from across various parts of the UK including Liverpool and Yorkshire, along with teaching at a renowned international school in Dubai for 3 years. Danielle loves to engage students with real life examples and creative resources which allow students to put topics in a context they understand.