Podcast
Questions and Answers
What is one of the key legal considerations regarding taxation in business associations?
What is one of the key legal considerations regarding taxation in business associations?
- Pass-through taxation means no tax at the business level. (correct)
- Only the business association pays taxes on company income.
- Double-taxation involves only personal tax on dividends received.
- Taxation is always avoided at both levels.
Which legal consideration allows for greater flexibility in accessing funds?
Which legal consideration allows for greater flexibility in accessing funds?
- All business structures have the same level of capitalization flexibility.
- Corporations have more flexible capitalization than partnerships or LLCs. (correct)
- Corporations have less flexible capitalization than LLCs.
- Capitalization in partnerships is more flexible.
How do centralized management structures differ from direct management in business associations?
How do centralized management structures differ from direct management in business associations?
- Centralized management involves multiple owners in management roles.
- Centralized management requires unanimous owner agreement.
- Direct management allows owners to participate actively. (correct)
- Direct management does not allow for representation by others.
What is a factor that affects the exit rules in business associations?
What is a factor that affects the exit rules in business associations?
What is NOT typically included as a legal consideration regarding management in business associations?
What is NOT typically included as a legal consideration regarding management in business associations?
What is the primary purpose of business organizations?
What is the primary purpose of business organizations?
Which of the following is NOT a characteristic of a legal person?
Which of the following is NOT a characteristic of a legal person?
Which rule states that a trader is defined by the nature of their commercial activities?
Which rule states that a trader is defined by the nature of their commercial activities?
Which of the following countries uses both the objectivity and subjectivity rules to define a trader?
Which of the following countries uses both the objectivity and subjectivity rules to define a trader?
How is the capacity of a trader defined according to national law?
How is the capacity of a trader defined according to national law?
What distinguishes business organizations from other non-business groups?
What distinguishes business organizations from other non-business groups?
Which of the following statements best captures the essence of business entities within the economy?
Which of the following statements best captures the essence of business entities within the economy?
Which aspect is essential for understanding how business entities get financial resources?
Which aspect is essential for understanding how business entities get financial resources?
What is primarily derived from the services of a cooperative?
What is primarily derived from the services of a cooperative?
What is a distinguishing characteristic of government enterprises?
What is a distinguishing characteristic of government enterprises?
Which of the following best defines a subsidiary in a multinational enterprise?
Which of the following best defines a subsidiary in a multinational enterprise?
What is one main goal of many government enterprises?
What is one main goal of many government enterprises?
Which type of multinational enterprise is organized around a parent firm incorporated in one country?
Which type of multinational enterprise is organized around a parent firm incorporated in one country?
What is a common feature of branches within multinational enterprises?
What is a common feature of branches within multinational enterprises?
Which factor is typically not a consideration when selecting a business association?
Which factor is typically not a consideration when selecting a business association?
What defines a holding company?
What defines a holding company?
What essential element defines a joint venture?
What essential element defines a joint venture?
Which statement about multinational enterprises is true?
Which statement about multinational enterprises is true?
Which feature is essential in assessing funding for a new business?
Which feature is essential in assessing funding for a new business?
What primarily distinguishes a limited liability company from a stock company?
What primarily distinguishes a limited liability company from a stock company?
What does it mean if members of a cooperative receive benefits based on their usage?
What does it mean if members of a cooperative receive benefits based on their usage?
What must be included in the articles of association when creating a limited liability company?
What must be included in the articles of association when creating a limited liability company?
Which legal aspect is true regarding government enterprises?
Which legal aspect is true regarding government enterprises?
Which of the following is a common duty of the officers and directors of a limited liability company?
Which of the following is a common duty of the officers and directors of a limited liability company?
Under what circumstance might personal liability be imposed on the owners of a limited liability company?
Under what circumstance might personal liability be imposed on the owners of a limited liability company?
What is a primary reason that stock companies have heavy responsibilities for fair disclosure?
What is a primary reason that stock companies have heavy responsibilities for fair disclosure?
What can trigger the termination of a limited liability company?
What can trigger the termination of a limited liability company?
Why might the transfer of ownership rights in a limited liability company be difficult?
Why might the transfer of ownership rights in a limited liability company be difficult?
Which feature is typically NOT associated with a stock company?
Which feature is typically NOT associated with a stock company?
What is a cooperative primarily used for in the USA?
What is a cooperative primarily used for in the USA?
What does the term 'piercing the corporate veil' refer to?
What does the term 'piercing the corporate veil' refer to?
What attribute contributes to the stock company's importance in capitalism?
What attribute contributes to the stock company's importance in capitalism?
In what situation can a stok company be terminated aside from bankruptcy?
In what situation can a stok company be terminated aside from bankruptcy?
What is a fiduciary duty in the context of a limited liability company?
What is a fiduciary duty in the context of a limited liability company?
What is the main legal requirement for individuals who wish to become traders?
What is the main legal requirement for individuals who wish to become traders?
Which of the following statements best describes a sole proprietorship?
Which of the following statements best describes a sole proprietorship?
In a partnership, what is true regarding the liability of the partners?
In a partnership, what is true regarding the liability of the partners?
What is a key feature of a limited partnership?
What is a key feature of a limited partnership?
Which of the following factors does NOT trigger the termination of a partnership?
Which of the following factors does NOT trigger the termination of a partnership?
What responsibility do partners in a general partnership have towards each other?
What responsibility do partners in a general partnership have towards each other?
What is a distinguishing characteristic of a limited liability partnership (LLP)?
What is a distinguishing characteristic of a limited liability partnership (LLP)?
Which of the following is NOT a characteristic of a sole proprietorship?
Which of the following is NOT a characteristic of a sole proprietorship?
How does a general partner in a limited partnership differ from a limited partner?
How does a general partner in a limited partnership differ from a limited partner?
Which scenario is most likely to lead to the termination of a partnership?
Which scenario is most likely to lead to the termination of a partnership?
What kind of business structure allows easy entry and exit for partners?
What kind of business structure allows easy entry and exit for partners?
Which of the following is true about a sole proprietorship's ability to raise capital?
Which of the following is true about a sole proprietorship's ability to raise capital?
Which of the following best describes the fiduciary responsibility in a partnership?
Which of the following best describes the fiduciary responsibility in a partnership?
Flashcards
Business Entities
Business Entities
Organizations involved in various economic activities, like manufacturing, sales, and services, affecting society.
Business Organization Types
Business Organization Types
Different legal structures for businesses, varying by country's laws.
Legal Person
Legal Person
A group of individuals with its own assets, separate from owners, established by a shared agreement.
Trader (Merchant)
Trader (Merchant)
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Objectivity Rule (trader)
Objectivity Rule (trader)
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Subjectivity Rule (trader)
Subjectivity Rule (trader)
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Profit Motive (Business)
Profit Motive (Business)
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National Law (Business)
National Law (Business)
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Sole Proprietorship
Sole Proprietorship
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Unlimited Liability
Unlimited Liability
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Partnership
Partnership
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General Partnership
General Partnership
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Limited Partnership
Limited Partnership
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Limited Liability Partner
Limited Liability Partner
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General Partner
General Partner
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Limited Liability Partnership (LLP)
Limited Liability Partnership (LLP)
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Business Organization Creation
Business Organization Creation
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Business Liability
Business Liability
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Partner Duties
Partner Duties
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Business Termination
Business Termination
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Minors and Trading
Minors and Trading
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Business Registration
Business Registration
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Limited Liability Company (LLC)
Limited Liability Company (LLC)
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Stock Company
Stock Company
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Cooperative
Cooperative
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Publicly Traded Shares
Publicly Traded Shares
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Corporate Veil
Corporate Veil
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Fiduciary Duty
Fiduciary Duty
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Articles of Association
Articles of Association
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Share
Share
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Public Disclosure
Public Disclosure
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Bylaws
Bylaws
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Dividends
Dividends
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Perpetual Existence
Perpetual Existence
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Financial Statements
Financial Statements
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Liability in Business
Liability in Business
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Double Taxation
Double Taxation
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Pass-Through Taxation
Pass-Through Taxation
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Management in Business
Management in Business
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Capitalization and Financing
Capitalization and Financing
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Cooperative Member
Cooperative Member
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Government Enterprise
Government Enterprise
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Government Enterprise Aim
Government Enterprise Aim
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National Multinational Enterprise
National Multinational Enterprise
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International Multinational Enterprise
International Multinational Enterprise
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Parent Company
Parent Company
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Branch
Branch
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Agent (Business)
Agent (Business)
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Representative Office
Representative Office
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Holding Company
Holding Company
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Subsidiary
Subsidiary
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Joint Venture
Joint Venture
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Capital Intensive Business
Capital Intensive Business
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Exit Strategy
Exit Strategy
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Study Notes
Business Entities
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Businesses play a crucial role in various economic levels, impacting societal activities like manufacturing, sales, transport, service provision.
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Understanding the legal framework surrounding business structures, financing, accounting, and financial difficulties is essential.
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Business entity organization is determined by national law.
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The primary purpose of business organizations is profit from commercial activities.
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Varying legal forms exist across countries.
Types of Business Entities
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Sole Proprietorship: Simplest form; one owner with full control.
- Creation: No separate registration process; might require registration regarding legal rules (taxation, health & safety, insurance, etc.).
- Liability: Full, unlimited personal liability for business debts.
- Duties: No owner duties.
- Termination: Termination upon sole owner decision, bankruptcy, or death.
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Partnership: Two or more people co-own and manage a business (general partnership).
- Creation: Generally, little formality, and possible need for government registration.
- Liability: Full liability of each partner (solidarity). Individual exceptions exist in some countries (e.g., limited liability partnerships).
- Duties: Partners owe duties of fair dealing, honesty, and fiduciary responsibility.
- Termination: Triggered by bankruptcy, voluntary winding up, or partner change (unless partnership agreement defines exit protocols).
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Limited Partnership (LP): Designed to limit personal liability for some partners.
- Structure: General partner(s) with unlimited liability and limited partners with limited liability up to their investment.
- Duties: General partners have regular partnership duties, limited partners' duties are minimal. Management participation by limited partners can remove their limited liability
- Durability: Greater continuity; limited partner changes don't affect the venture. Easier entry and exit for investors, important for financing.
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Limited Liability Partnership (LLP): All partners have limited liability; similar to GP except for liability.
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Limited Liability Company (LLC): Separate legal entity with limited liability for owners ("associates").
- Creation: Follows specific steps (articles of association), capital requirements, government approval, and public notice.
- Liability: Limited liability for owners; significant legal formalities are necessary to maintain limited liability
- Duties: Fiduciary duties for officers and directors managing the entity. Duties of owners include electing directors, creating internal rules, approving reports, and dividend distribution. Strict legal regulations regarding dividend payments and capital protection exist.
- Transferability: Often restricted for ownership interests.
- Termination: Perpetual existence, voluntary termination, or bankruptcy possible.
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Stock Company: Separate legal entity with limited liability for owners (shareholders).
- Characteristics: Shares freely traded publicly; financial statements disclosed publicly.
- Liability: Limited liability of owners to their investment.
- Importance: Growing importance in economic life due to potential for capital accumulation and investor freedom.
- Duties: Officers and directors owe fiduciary duties.
- Public Nature: High responsibility for fair disclosure of financial statements to the public.
- Termination: Perpetual existence (unless voluntarily dissolved or liquidated).
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Cooperative: Business owned, controlled, and benefiting its users. Benefits allocated proportionally to use.
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Government Enterprises: State-owned entities; can operate in many economic sectors, prioritizing public service.
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Multinational Enterprises (MNEs): Businesses operating internationally.
- Structures: National, international, parent companies, branches, agents, representative offices, holding companies, subsidiaries, joint ventures. MNEs are subject to local laws, but not extensive specific international legislation.
Selecting Business Associations
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Factors affecting a business association selection include the nature of the business, participant interests, involved functions, contributions of funding, management structure, funding requirements, how profits/losses/assets are divided, and an exit strategy.
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Legal Considerations: Limited liability, taxation (double vs. pass-through), management (centralized vs participant), capitalization, and exit rules (ownership transfer, existence duration, and methods to remove money).
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