Forms of Business Organization
Forms of Business Organization
Forms of Business Organization
As you know, business activities can be production and sale of goods & services or purchase & sale of goods & services. Now you can group these activities into: Commerce, Industry and Service. Commerce involves the activities in the movement of goods and services from the producer to the consumer. It includes procurement, grading, storing, transporting commodities through the wholesalers, retailers etc. Industrial activities involve manufacture or some definite treatment of materials from which marketable commodities can be manufactured. Services involve intangibles. It can be professional services like in case of doctors, lawyers etc. or it can be other services like transport etc.
Forms of Business Organizations A business unit may start as a sole proprietorship (one man ownership) and gradually expand into partnership firm and then into private limited company and into a big public limited company and finally into a giant business house having a number of subsidiary companies. A particular form of business adopted by a business unit at a particular point of time depends upon the various factors like tax advantages, capital requirements, owners preferences etc
1.Sole prop. D Departmental 2. Partnership e 3.Joint hindu family business org. p 4. Joint stock co. a 5. Cooperative societies r t m e n t a l u
Public corporation
Govt companies
It is important to select the right form of organization while setting up a business enterprise. This is so, because it determines: Responsibility, power and control of the entrepreneur on the organization Risk of the entrepreneur Method of division of profit and loss Therefore utmost care should be taken before registering the business as a particular form of organization.
The selection of the form of business is dependent on several interrelated and interdependent factors including:including: Nature of the Business: Enterprises / professionals providing direct services including restaurants, doctors, lawyers, accountants etc are generally formed as sole proprietorship or partnership firms. Medium and large manufacturing companies are generally formed as public or private limited companies. Scale of Operations: Medium and large scale companies, catering to domestic and international markets are successfully organized as private / public limited companies. Medium and small scaled companies are better organized as sole proprietorship firms or partnership firms. Similarly companies spread across different regions in a particular country are formed as private / public companies.
Degree of Control Desired: An entrepreneur who wants a direct and maximum control on the organization can set up his company as a sole proprietorship. A company has a separation of ownership and management.
Capital Requirement: A business can be changed from sole proprietorship / partnership to a private public limited company as the capacity increases and also with the growth of the organization. Comparative tax liability .: A Joint stock co. has more liability than a sole trade or partnership firm. A co is taxed as individual first then the profits distributed to shareholders are again liable for tax as income of the recipients Continuity : A sole trading firm may close on the death of the owner , a partnership may dissolve , but a co. form of org ensures stability and continuity. Ease in formation. : The nature and extent of formalities req for formation also affect the decision. A joint stok co. requires lots of formalities for getting registered . But this is not so in sole prop and the formalities are lesser in partnership Nature of business activity: For local, seasonal and perishabl;e goods sole trade is better. But for larger operations co. form is more suitable. If purpose is to serve members cooperative is suitable
Sole proprietorship
A sole tradership is the oldest form of business organisation. It is easy and simple to organise. It is found in each and every country in the world. This type of organisation has not lost its utility even today. Sole proprietorship is a form of organisation in which an individual invests the entire capital, uses his own skill and is solely responsible for the result of his business. He may borrow money and employ assistants. But he alone owns and controls the business and bears its profit and loss. The only legal formality is to get a licence from the local authority viz, municipality, panchayat etc., for running certain type of business. It is also known as individual proprietorship or one-man business. The person who contributes onecapital and manages the business is called as sole trader or sole proprietor.
According to P.K. Ghosh and Y.K. Bhushan, The sole proprietorship is a form of organisation in which an individual introduces his own capital, uses his own skill and intelligence, and is entirely responsible for the results of its operations.
Encyclopedia of Business and Commerce defines sole trading concern as, a form of organisation, in which an individual alone invests his capital, uses his own skill and intelligence in the management of its affairs and is entitled to enjoy all the profits as also is solely responsible for all the risks of ownership.
FEATURES
The salient features of a sole trading concern are as follows. 1 One-man Ownership and Control OneA sole trading concern is owned by an individual. The proprietor is the sole owner and master of the business. He independently manages and controls the business without the interference of any other person. 2 Capital Contribution In sole tradership, the capital is employed by the owner himself from his personal resources. He may also borrow capital from his friends, relatives and financial institutions. 3 Unlimited Liability The liability of the proprietor for the debts of the business is unlimited. The creditors have the right to recover their dues even from the personal property of the proprietor in case the business assets are not sufficient to pay their debts. 4 Enjoyment of Entire Profit The sole trader is entitled to enjoy all profits of the business. Since he is the only person who invested money, he need not share the profit with anybody else. At the same time, he himself should bear the entire loss. So it is said that he owns all and risks all.
5 No Separate Legal Entity The sole trader and the business are one and the same. A sole trading concern has no legal entity separate from its owner.The sole trader owns the assets and owes the liabilities of the concern. 6. No Special Legislation Sole tradership is not governed by any special legislation. A partnership firm is governed by the Indian Partnership Act. A joint stock company is governed by the Indian Companies Act and a co-operative society by the Co-operative Societies Act. But coCosoletrader business is not governed by any Act. 7. Registration A soletrader business need not be registered with any authority as that of partnership and companies. Any person who has money can start the sole trader business. He is to obtain a licence from the local authority like municipality or panchayat. 8. Duration The life of sole trader business depends upon the life of the soletrader. If he dies or becomes incapable of doing business or if he has no legal heir, the business comes to an end.
9. Simplicity It is simple to commence and simple to close a sole trader business. It requires lesser efforts and it is free from complicated legal formalities. 10. Local business Most of the sole trading business confine only to a particular place such as a street, a block or a village. A few sole trading business may cover a large area through a network of a branches. 11. Self Employment A sole trader uses his own labour to conduct the business. He may employ a few paid servant or use the services of his family members for running the business. 12. Small Capital A soletrader business can be commenced with a small amount of capital whereas a partnership firm or a company require large capital
MERITS
The advantages of a sole trading concern are as follows. 1. Easy Formation Sole proprietorship is the only form of organisation where no legal formalities is required. No agreement is required and registration of the firm is not essential. Anybody willing to start a solesole-trading concern can do so immediately and without much legal formalities. 2. Direct Motivation The entire profit of the business goes to the sole trader. Nobody can claim a share in the profit. It motivates him to expand his business activities. 3. Flexibility It is a highly flexible type of organization. A sole proprietorship concern is generally run on a small scale basis. In case a change in operation is required, it is possible without involving much expenditure. The proprietor can adapt and adjust the activities of the business to the changing trends and market conditions because the sole trader is the sole owner of his business.
4. Retention of Business Secrets The maintenance of utmost secrecy is of vital importance for the success of a business. A soletrader can maintain business secrets. Being the sole proprietor, he is not expected to share his trade secrets with anybodyelse. In this form of organisation, there is also no need to disclose accounts or any other material facts to the public. 5. Quick Decision The sole proprietor is his own boss and need not consult others while making any decision. He exercises exclusive control over the affairs of the business. Therefore, he can take quick decision and implement them without any delay. 6. Higher reward The fear of loss acts as a stimulant for hard work. Besides, it makes him very cautious in his approach. Hardwork and cautious approach bring him more reward and improves efficiency and econony of the business. 7. Effective Control In this form of organisation, the business can be controlled effectively because business activites are planned and executed by a single man. Since all the decisions relating to purchase and sale are taken by the soletrader, he can effectively control the business if there is any deviation from the original plan.
8. Increase in Sales A sole trader has direct relationship with the customers. Direct contact with the customers will enable the proprietor to know the nature of their tastes, likes and dislikes. It enables him to make necessary changes in the quality and design of his products. It will boost his sales besides enhancing the reputation of the firm. 9. Smooth running of Business Since the sole trading concern is a small business the soletrader appoints only a few employees who are personally known to him. So he can understand their problems easily and able to solve them to their satisfaction. The absence of friction with the employees paves the way for the smooth running of the business. 10 Inexpensive management The soletrader is the owner, manager and controller of the business. He does not appoint specialists for various functions. He personally supervises various activities and can avoid wastage in the business. 11. Higher Credit Rating The liability of a sole trader is unlimited. Since, apart from his business assets, even his private properties are also available for satisfying the claims of creditors. Hence, creditors may give more loans because they can get back the loan from the personal properties of soletraders. Thus high credit rating helps soletrader to borrow more funds from suppliers and banks.
12 Self-Employment SelfSole proprietorship provides self employment opportunity to many persons with small resources. It offers a way of life for securing the means of livelihood to those who do not want to serve under others. It makes people self-dependent by providing selfemployment. self13 Development of Personality Sole proprietorship facilitates the development of personal qualities like self-reliance, initiative and independent judgment. self14. Equal Distribution of Economic Wealth Sole proprietorship provides an equal opportunity to every one for self development. It promotes decentralisation of business and helps to avoid concentration of economic wealth in a few hands. 15. Easy dissolution A sole trading concern is very easy to dissolve. Whenever a sole trader wants to close his business, he can do so without undergoing any legal formality. 16. Better co-ordination coAs the size of the business is small with limited resources, the sole trader can effectively co-ordinate the activities of the cobusiness.
DEMERITS
1. Limited capital The resources of a sole proprietor are limited. He depends only on his personal resources and his borrowing capacity. The borrowing capacity depends on his assets and credit worthiness. It is obvious that financial resources of a single person will be insufficient for business expansion. Limitation of finance is a major handicap for sole-trader business. Therefore, the size of the firm soleremains small. 2. Limited Managerial Ability The managerial ability of a soletrader is limited because a person may not be an expert in each and every field of business such as purchasing, selling, accounting etc. The sole proprietor may not be able to use the service of experts for want of resources. The limited managerial capacity may hinder the growth of the business. 3. Unlimited Liability The unlimited liability of a sole proprietor may affect his enthusiasm and restrict introducing novel ideas in business. 4. Short Life Anything which affects the personal life of a soletrader affects his business also. Prolonged illness or death of the soletrader brings the affairs of his business to a stand- still. If his children are standinterested and efficient to run the business, the sole trader business can be continued. Otherwise it will be closed. The closure of a business will cause inconvenience to the consumers and may also result in social loss.
5. Hasty Decisions Decisions arrived at, after deep deliberations and discussions are sure to be better than that of a decision taken by one man. It is rightly said two heads are always better than one. The chances of wrong decision-making are quite high in a sole trader business. This is because of the fact that the sole trader takes all decision of the business himself without any assistance. This may lead to wrong decisions. The hasty decisions may result in loss and affect the sole trader. 6. Lack of Specialisation The sole trader has to undertake all the work relating to business himself such as buying, selling, accounting, financing, advertising etc. He is a jack of all trades but master of none. 7.Uneconomic Size Because of limited capital and skill, the sole traders have to work on a small scale basis. Thus he is deprived of economies of large scale operation.
8. Lack of Consultation He has no one else to consult before taking any important decisions except his family members. This may result in heavy loss if his decisions go wrong. 9. Uncertainty The life of the sole trader business is uncertain and unstable. The life of business depends upon the changes in taste and preferences of customers and changes in fashion, and technology. If soletrader fails to cope up with the latest development he will land in trouble. 10. Risk of Entire Loss As the sole trader is the sole owner of the business, he has to bear all losses of his business.
SUITABILITY
Sole proprietorship is suitable for the following business: 1) Where small amount of capital is required, e.g., Sweet shops, Bakery shops, Petty shops, etc, 2) Where quick decisions are very important, e.g., Share-brokers, Doctors, etc. Share3) Where limited risk is involved, e.g., Automobile repair shops, Small retail stores, etc. 4) Where personal attention to individual tastes and fashions of customers is required, e.g., Beauty parlours, Tailoring shops, etc. 5) Where the demand is local, seasonal or temporary, e.g., Retail trade, Laundry, Fruit sellers, etc.
2. Provides Investment Avenues Soletrader organisation provides a chance for small investors who has small amount of capital to utilise their savings in the productive line. 3. Provision of goods at low price Goods are sold by soletraders at a price lesser than the maximum retail price ( MRP ) mentioned on the packages of the goods. This is possible due to inexpensive management. 4. Helps small producers Most of the goods sold by soletraders are procured locally from local producers. Thus small local producers are benefited by the soletraders.
5. Supply of Quality goods Soletraders sell goods of high quality nowadays to maintain their reputation. They even accept return of defective goods. This ensures enhancing the welfare of the public. 6. Philanthrophic Activities Soletraders form small trading organisation among themselves and undertake a number of social welfare activities such as conducting eye camps, maintaining parks, provision of baricades on the roads, supplying furnitures to schools etc. 7. Equal Distribution of Income and Wealth Equal distribution of income and wealth is ensured as there are more entry of sole proprietors in trading activities. 8. Helpful to consumers The soletraders supply the goods to the consumers at their door steps. So the time and energy of the consumers are saved.
William R. Basset has said that one-man control is the best onein the world only when the business is small indeed, to allow one actually to know and supervise everything in the business. Following are some of the points in favour of one man control 1. Easy and quick formation. 2. Direct control. 3. Efforts and reward are linked. 4. Retaining business secrets. 5. Close touch with the consumers. 6. Enjoying all profits. 7. Inexpensive management. 8. No legal restrictions. 9. Direct contact with the employees. 10 Social desirability.
Limitations of one-man control oneThough there are many advantages of one-man control, still oneit suffers from many drawbacks. One man is unable to manage all the affairs by himself. Basset says The danger is always present that he thinks, he knows which really he does not know. Following are some points unfavourable for one-man control. one1. Limited capital. 2. Limited managerial ability. 3. Unlimited liability. 4. Absence of large scale business operation. 5. Risky decisions. 6. Uncertainty. In conclusion, one-man control is the best from the point of oneview of profitability and efficiency, provided that one man is able to manage everything efficiently.
Partnership
A Partnership is an association of two or more persons (maximum of 10 in case of banking and 20 in case of other businesses) for carrying out a business as cocoowners for a profit. In India, Partnerships are governed by the provisions of The Indian Partnership Act, 1932 which defines partnership as the relation between two or more persons who have agreed to share profits of a business, carried on by all or any of them acting forall.
The term business includes all trades, occupation and professions. The owners of a partnership business are individually called partners and collectively called as firm. The name of the business is called firm name which has no legal status though it might accumulate reputation or build image resulting in goodwill. Usually a partnership is formed to combine capital, labour and varied specialised skills and abilities through an agreement or deed called partnership agreement or deed which might set out various terms including sharing of profit. Partners can be sued individually and jointly in respect of the business and the liability is unlimited. So each partner is a principal for the outside world and each partner is an agent to other partners.
Advantages 1. Increased Capital Raising Power and Managerial & Technical expertise compared to sole proprietorship. 2. Easy formation compared to joint stock companies & easy dissolution as agreed by all the partners or 14 days notice to other partners in case of partnership at will. 3. Business Secrecy can be maintained since there is no requirement by law for publication of final accounts
Disadvantages 1. Partnership has a less capital raising power and Managerial or Technical expertise as compared to joint stock companies. 2. Unlimited liability renders the partnership unsuitable to take up large scale operations. 3. Absence of separate legal status for the business and continuity 4. The partnership is not transferable unless all the partners agree for the same In Europe and America, there is a system of Limited Partnership wherein two types of partners General and Limited / Special Partners - will be there. The liability of the Limited / Special Partners are limited to the extent of their investment only whereas the liability of General partners is unlimited whose personal assets are also liable for the actions of the business.
Joint Hindu Family Business is a form of organization in existence only in India. It is one of the oldest form of organizations and in existence only in some parts of the country. This form of organization has ownership in the hands of members of a Hindu undivided family. The business is under the control of the head of the family known as the 'Karta'. The members of the family business are known as 'Co-parceners' 'Co-
Features
Organization Existence: A joint Hindu family business exists due to the operation of Hindu law and not out of contract. The rights and liabilities of co-parceners are codetermined by the general rules applicable in the Hindu law. Membership: A person born in the family gets an automatic membership of the business and legality is not affected by the minority of the member. There is no limit to the maximum number of members in this type of organization. Registration of Organization: It is not necessary to get the business registered Management: The business is manged and controlled by the head or the 'Karta'. He has the power to obtain loans against the family property etc. The Co-parceners do not Cohave the power to raise loans or enter into contracts. coUnlimited Liability: 'Karta ' has unlimited liability and the co-parceners have limited liability to the extent of their individual investment in the family business.
Advantages Ease of formation Continuous operations Disadvantages Applicable to Joint Hindu families Limited capital Limited managerial talents Unlimited liability of the Karta
Joint Stock Companies If you are wondering how to have limited liability, let me tell you that the answer is Joint Stock Companies. A company is an artificial person (an association of minimum 7 natural persons) created by incorporation under law, having common seal and perpetual succession. Once it is created by law, a company gets separate identity and it can enter into legal contracts under its common seal. An incorporated company enjoys perpetual (continuous) life until the law itself winds up the company in accordance with law.
The capital is raised in the form of shares and called share capital. Share means a portion of capital raised by issue of shares. The liability is limited to the amount invested in shares. The shares are generally transferable except under certain circumstances when the transfer may be restricted. In view of limited liability and transferability of shares, large number of persons may come forward to invest, enabling raising of enormous capital. Since a company is an artificial person, operating powers get vested with the elected board of directors and gets delegated mainly to the managing director and the company secretary. In this way most of the shareholders are kept away from the day-to-day operations of the organization. day-toUltimately, functional experts are employed to manage and carry out the activities. This results in experts doing the respective job and performance gets enhanced.
Advantages 1. Huge capital mobilization 2. Facility of Transfer of ownership through transfer of shares 3. Wide distribution of risk of loss with large membership and limited liability 4. Comparatively lower tax liability Disadvantages 1. Excessive legal requirements at all stages from the time of formation. 2. In practice fraudulent management and concentration of economic power & wealth are found 3. Slow Decision making 4. Double Taxation once on the profit of the company and another in the hands of the share holder
Private Limited Companies A private limited company like partnership should have minimum of 2 members and ceiling of 50 members is there unlike no ceiling in public limited company. In case of private limited companies, there is no public issue of shares and the transfer of shares is restricted. The name of the company will include the words private limited. This form of business organization enjoys the benefits of lower corporate tax, limited liability and continuity
CoCo-Operative Organisations
You are aware of the importance of co-operation and team cospirit in every sphere of life. One form of business organization which truly practices co-operative efforts is Co-operative coCoorganizations.
The Co-operative organizations are formed on the basis of Coequality for the promotion and furtherance of common economic interest.
The International Labour Organisation had defined a Cooperative organization as an association of persons who have voluntarily jointed together to achieve a common economic end through the formation of a democratically controlled organization, making equal contributions to the capital required and accepting a fair share of risks and benefits of the undertaking. Service, Co-operative joint action and Self-help are the essence CoSelfof a co-operative organization. Co-operative Societies must coCohave at least ten members and must be registered under Cooperative Societies Act. Examples of Co-operative organizations are Credit Co-operative societies, CoCoConsumers Cooperative organizations, Producers Co-operative Coorganisations
Advantages 1. This is a democratic and secular form of business organisation. Poor and Persons of limited means can improve their economic conditions 2. Co-operative organizations remove the evils of monopoly Coand concentration of wealth and power 3. The liability can be limited and separate legal status may be enjoyed. 4. Privileges and exemptions in the form of tax concessions, lower stamp duty etc., are accorded to this form of business organisations. Disadvantages 1. Co-operative organizations can not raise capital for large scale Cooperations 2. Since the very basis is democratic way of managing, business secrecy can not be maintained.
Public Enterprises Public enterprises aim at public service in the public utility areas. They are expected to stabilize the supplies of essentials. The strategic and basic industries are taken care by Government only. Public sectors are there in the industrial line to have rapid and balanced economic development. I am sure that you would be able to imagine the evils, if only nonnon-governmental organizations whose aim is only profit maximization, are there. Public Enterprises are managed in the following ways: 1. Government Department 2. Public Corporation 3. Government owned Joint Stock Company 4. Mixed-ownership Corporations Mixed-
1. Government Department A separate department in the government manages this form of organization which normally caters to the public utility. Examples of this type of organizations are Post and Telegraph, Broadcasting, Railways and Defence industries etc. The minister in-charge of the particular department controls inthe enterprise. This form is adopted where secrecy and strict control are needed in the areas like defence and strategic industries.
Public Corporation A public corporation is an artificial legal person created by a special Act which sets out the powers and functions. Public Corporations have financial independence and clear jurisdiction over a specific area, industry or commercial activity. A chosen Governing board manages the affairs of the organization. It enjoys the internal autonomy with no interference from government. Not only its formation is elaborate, any amendment also to be done by amending the Special Act and hence rigid. Public corporations are presently found in insurance, finance, industry, mining, transport, trade etc.
3. Government owned Joint Stock Company The entire capital or 51 per cent or more of the share capital is owned by the Central and/or State Government. The concerned ministry performs the functions of shareholders and exercises control over the operations of the company. All or majority of the directors are nominated by the Government. One or few shares are in the name of the officials to take care of legal needs. This form of organization is more autonomous than Public Corporation
4 Mixed ownership corporations This is a form of partnership between public sector and private sector enterprises. These are in the form of Joint Sector / Venture.It is a partnership among domestic partner, government and public. Additionally there may be one more player in the form of foreign collaboration. This enables to bring together capital, technology and skill from abroad, private sector and government. Hindustan Machine Tools is an example of Joint Sector.