Legal Challenges of Limited Liability Companies
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Questions and Answers

What is one of the key reasons why a business needs to be structured within a defined legal framework?

  • To avoid taxation
  • To limit liability (correct)
  • To secure external financing
  • To increase flexibility in management
  • In most jurisdictions, what drives the selection of a particular form of business organization by the proprietors?

  • Limitation of liability (correct)
  • Tax efficiency
  • Privacy of financial data
  • Flexibility in management structures
  • What term is commonly used in civil law countries to refer to both partnerships and limited companies?

  • 'Enterprise'
  • 'Firm'
  • 'Company' (correct)
  • 'Corporation'
  • Which form of business organization is characterized by being owned and operated by a single individual?

    <p>Sole proprietorship</p> Signup and view all the answers

    What are some general characteristics shared by forms of business organizations across different jurisdictions like the UK, USA, and France?

    <p>Broadly similar characteristics</p> Signup and view all the answers

    In civil law countries like France, what term is used for a general partnership?

    <p>'Société en nom collectif'</p> Signup and view all the answers

    What is the distinguishing feature of a 'company' in common law jurisdictions?

    <p>Having a separate legal identity from its members</p> Signup and view all the answers

    Which form of business organization has the advantage of easy formalities and only being subject to personal income tax?

    <p>Sole trader</p> Signup and view all the answers

    What is a disadvantage of a sole proprietorship business organization?

    <p>Limited capacity to raise funds</p> Signup and view all the answers

    What is a consequence of a proprietor being fully liable on contracts and legal obligations?

    <p>Facing unlimited personal liability</p> Signup and view all the answers

    Why may a business cease to exist if the owner of a sole proprietorship dies or becomes incapacitated?

    <p>Lack of continuity in the absence of the owner</p> Signup and view all the answers

    Which business organization structure allows creditors to go after the owner's personal assets in case of losses or lawsuits?

    <p>Sole proprietorship</p> Signup and view all the answers

    Which legal entity is equivalent to a British Private Limited Company (LTD) and a US Limited Liability Company (LLC)?

    <p>Société par Actions Simplifiée (SAS)</p> Signup and view all the answers

    Which type of company has access to the capital markets and can list its shares on a stock exchange?

    <p>Société Anonyme (SA)</p> Signup and view all the answers

    In a SAS company, which corporate body is compulsory according to the law?

    <p>President</p> Signup and view all the answers

    What is the minimum share capital required for setting up a SARL company?

    <p>1 Euro</p> Signup and view all the answers

    Which type of company is considered more flexible than SARL but does not have access to the capital markets?

    <p>Société par Actions Simplifiée (SAS)</p> Signup and view all the answers

    Which type of company is particularly relevant for small and medium-sized companies due to its simple rules and regulations?

    <p>Société à Responsabilité Limitée (SARL)</p> Signup and view all the answers

    What is a key characteristic of a company with limited liability?

    <p>The company has a legal personality separate from its human members.</p> Signup and view all the answers

    What is one of the consequences of a company having a legal personality distinct from its human members?

    <p>Ability to sue and be sued in its own name</p> Signup and view all the answers

    How does the limited liability of members in a company protect them?

    <p>By limiting their financial liability to their investment amount</p> Signup and view all the answers

    What happens if a company's assets are not enough to cover its debts?

    <p>The members are personally responsible for the debts.</p> Signup and view all the answers

    Which is not a feature of a company with limited liability?

    <p>Is treated as part of the personal assets of its members</p> Signup and view all the answers

    What does it mean when it is said that a company can sue and be sued in its own name?

    <p>Legal actions are taken against the company entity, not its members personally.</p> Signup and view all the answers

    In an SA (Société Anonyme), what is the minimum initial share capital required?

    <p>37,000 EUR</p> Signup and view all the answers

    What characteristic of a branch distinguishes it from a subsidiary?

    <p>Separate legal entity</p> Signup and view all the answers

    Which type of SA management structure includes both an executive and supervisory board?

    <p>Conseil de Surveillance only</p> Signup and view all the answers

    Why is an SA considered complex and not suitable for first incorporations?

    <p>Ability for public offering of shares</p> Signup and view all the answers

    What type of entity must have its director as an individual according to the text?

    <p>SARL</p> Signup and view all the answers

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