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TYPES OF BUSINESS
ENTITIES IN MALAYSIA
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DIFFERENT TYPES OF
BUSINESS ENTITIES
SOLE
PROPRIETORSHIP
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SOLE
PROPRIETORSHIP
• Meaning
One person running a business for himself. The business is the person
who runs it.
• Formalities
No formal legal process to start business, BUT have to register his
business under the Registration of Businesses Act 1956.
No agreement as he is dealing alone.
May begin business without formality.
Not required by law to expose information relating to his business
dealings.
• Laws
His business is subjected to personal laws, such as in contract and tort. In
other words, all rights and actions are in his personal capacity, thus he
can sue and be sued in his name.
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SOLE
PROPRIETORSHIP
• Assets and Liabilities
He is the owner of the business and is personally responsible for those
assets and liabilities of the business.
Liability unlimited.
Can use the capital in any way he wants to.
• Borrowing Powers
No artificial restriction.
• Termination
As the running of the business is a personal decision, a sole proprietor
may start and end his business as he wishes.
4
PARTNERSHIP
• Definition
• Laws
• Formalities
Partnership under PA 1961 is made up of two to twenty persons.
Must have some form of agreement by conduct, orally, or in writing.
The partners as one unit is called a firm. The business is normally carried
out under a firm’s name.
Like a sole proprietorship, a partnership has to be registered under the
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Registration of Businesses Act 1956.
PARTNERSHIP
• Assets and Liabilities
• Borrowing Powers
Same as sole proprietorship.
• Termination
• Laws
• Form
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COMPANIES
• Assets and Liabilities
• Dissolution
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DIFFERENCES BETWEEN
COMPANIES AND OTHER
ASSOCIATIONS
in the formation and dissolution,
members’ liability,
enforcement of legal rights,
the transfer of interests in the company,
the management and ownership of the
business,
the limits on the size of the organization,
the raising of capital; and
the disclosure of accounts of companies.9
ADVANTAGES OF COMPANIES OVER
PARTNERSHIPS
COMPANY PARTNERSHIP
As one legal entity, also owns the Assets are generally collectively
company’s assets. owned by all the partners.
Has the unique ability to create Can only borrow by charging on their
floating charges over their current fixed assets.
assets to secure a loan.
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LIMITED LIABILITY PARTNERSHIP
• The LLP offers limited liability to its partners whereby any
debts and obligations of the LLP will be borne by the assets
of the LLP.
• In the case of a conventional partnership the partners has
unlimited liability jointly and severally in the partnership.
• There are many fundamental differences between an LLP
and a company. Amongst others, the differences are:-
• No issuance of shares
• Flexibility in making decisions
• No formal requirement for Annual General Meetings
• No requirement to submit financial statements to SSM
• Accounts need not be audited.
• Further information : http://www.ssm.com.my/en/LLP-
AboutLLP
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