Академический Документы
Профессиональный Документы
Культура Документы
PLAN
ENTREPRENEURSHIP
MANAGEMENT
Continuity of Business
One of the main concerns of a new venture is what
happens if one of the entrepreneurs (or the only
entrepreneur ) dies or withdraws from the business .
Continuity differs significantly for each of the forms
of business .
In sole proprietorship , the death of owner results in
the termination of business . Sole proprietorships
are thus not perpetual , and there is no time limit on
how long they may exist.
Continuity of Business
The partnership varies , depending on whether it is a
limited of a limited partner (who can withdraw capital
six months after giving notice to other partners) has
no effect on the existence of the partnership . A
limited partner may be replaced , depending on the
partnership agreement .
If a general partner in the limited partnership dies or
withdraws , the limited partnership is terminated
unless the partnership agreement specifies
otherwise or all partners agree to continue.
Continuity of Business
In a partnership , the death or withdrawal of the one of the
partners results in termination of the partnership. However this
rule can be overcome by the partnership agreement.
Usually the partnership will buy out the deceased or withdrawn
partners share at a predetermined price based on some
appraised value .
Another option is that a member of the deceased s family may
take over as a partner and share in profits accordingly .
Continuity of Business
The corporation has the most continuity of all forms
of business . Death or withdrawal has no impact on
the continuation of the business .
Only in a closely held corporation , where all the
shares are held by a few people , may there be some
problems trying to find a market for the shares.
The corporate charter requires that the corporation
or the remaining shareholders purchase the shares ,
In a public corporation this , of course , would not be
an issue.
Transferability of interest
There can be mixed feelings as to whether the
transfer of interest in a business is desirable.
In some cases the entrepreneur(s) may prefer to
evaluate and assess any new owners before giving
them a share of the business.
On the other hand , it is also desirable to be able to
sell ones interest whenever one wishes . Each of the
forms of business offers different advantages as to
the transferability of interest.
Transferability of interest
In the sole proprietorship , the entrepreneur has the right to sell
or transfer any assets in the business.
In the limited partnership , the limited partners can sell their
interests at any time without consent of the general partners.
A General partner in either a limited partnership or a
partnership cannot sell any interest in the business unless
there is some provision for doing so in the partnership
agreement.
The remaining partners will have the right of refusal of any new
partner , even if the partnership agreement allows for the
transfer of interest.
Transferability of interest
The corporation has the most freedom
in terms of selling ones interest in the
business . Shareholders may transfer
their shares at any time without
consent from the other shareholders.
In S corporation , the transfer of
interest can occur only as long as the
buyer is an individual.
Capital Requirements
The need for capital during the early of the venture can become
one of the most critical factors in keeping the new venture alive
. The opportunities and ability of the new venture to raise
capital will vary , depending on the form of business.
In proprietorship , any new capital can come only from loans by
any number of sources or by additional personal contributions
by the entrepreneur .
In partnership , loans may be obtained from banks but will
likely require a change in the partnership agreement. additional
funds contributed by each of the partners will also require a
new partnership agreement.
Capital Requirements
In the corporation , new capital can be raised
in a number of ways . The alternatives are
greater than in any of the other legal forms of
business . Stock may be sold as either voting
or nonvoting .
Nonvoting stock will be of course protect the
power of the existing major stockholders.
Bond may also be sold by the corporation.
Management Control
In any new venture , the entrepreneur(s) will want to retain as
much as possible over the business . Each of the forms of
business offers different opportunities and problems as to
control and responsibility for making business decisions .
In the proprietorship , the entrepreneur has got the most
control and flexibility in making business decisions , he is
owner of the venture , and have sole responsibility for and have
sole authority over all business decisions.
partnership can present problems over control of business
decisions if the partnership agreement is not concise regarding
this issue. It is quite important that the partners be friendly
toward one another and delicate or sensitive decision areas of
the business spelled out in the partnership agreement.
Management Control
The limited partnership offers comprise between the
partnership and the corporation . Where we can see the
separation of ownership and control.
In limited partnership in the venture have no control over
business decisions . As soon as the limited partner is
given some control over business decisions assumes
personal liability.
Control of day to day business in a corporation is in the
hands of management , who may or may not be major
stockholders . Control over major long-term decisions ,
however may require a vote of the major stockholders.
1.
2.
3.
4.
5.
THANK YOU