Choice of Business Organization - tradecareer.blogspot.com
Choice of Business Organization
Introduction
When a person plans to set up a business an important decision has to be taken
regarding the choice of the form of organization. One has to measure all the advantages
& disadvantages of each type of organization and choose the one which suits him the
best.
Being a long term commitment, the choice of the form of organization is very crucial as
the success or failure of business depends on choice or organization. Once a choice is
made, it will be difficult to switch over to another form. Therefore, the form of
organization should be chosen after proper thought and consideration.
Type of Business Organization
1. Nature of Business activity
This is an important factor having a direct bearing on the choice of a form of
ownership. In small trading businesses, professions, and rendering of personal
services, sole-proprietorship is predominant.
The partnership is suitable in all those cases where sole proprietorship is suitable,
provided the business is to be carried on a slightly bigger scale with help of one or
more partner
Where the persons intending to start a business wish to launch a business
organisation clothed with a legal entity and in corporate form with a feature of
having their sole ownership and control thereon, they may decide to form an OPC
or other form of company. An alternative form of organisation is LLP under LLP Act
2008
2. Scale of Operation
If the scale of operations of business activities is small, sole proprietorship or a One
Person Company (OPC) is suitable
if the scale of operations is modest — neither too small nor too large — partnership
or limited liability partnership (LLP) is preferable; whereas, in case of large scale of
operations, the company form is advantageous.
3. Capital requirements
Requirement of capital is closely related to the type of business and scale of
operations. Enterprises requiring heavy investment (like iron and steel plants, large
scale infrastructure projects, etc.) should be organised as companies.
Enterprises requiring small investment can be best organised as sole
proprietorships or even as Partnerships.
4. Managerial Ability
It is difficult for a sole proprietor to have expertise in all functional areas of
business. Further, the size of the business may not permit engagement of
professional management.
In other forms of organizations like partnership and company, there is division of
work among the partners which allows the partners to specialize in specific areas,
leading to better outputs and decision making
5.Degree of risk and liability
Companies and LLPs have a real advantage, as far as the risk is concerned, over the
other forms of business organisation. Creditors can force payment of their claims
only to the limit of the company’s and LLPs assets. Thus, while a
shareholder/member/partner may lose the entire money he puts into or agreed to
put into the company and LLP, he cannot be forced to contribute additional funds
out of his own pocket to satisfy the business debts of the company and LLP.
6. Stability of business
The illness of owner may derange the business and his death cause the demise of
the business. Partnerships are also unstable, since they are terminated by the death,
insolvency, insanity, retirement, admission, expulsion or withdrawal of/ by one of
the partners. Companies and LLPs have the most business stability due to its
feature or perpetuity being an artificial or legal person. The life of the company and
LLP is not dependent upon the life of its members/partners. Members/partners
may come, members/partners may go, but the company/LLP goes on forever unless
and until it being wound up.
7.Flexibility of administration
Any substantial change in the existing line of business activity — say from cotton
textiles to sugar manufacturing — may not be permitted by law if such a provision
is not made in the ‘objects clause’ of the Memorandum of Association of the
company. Thus, from flexibility point of view, sole proprietorship has a distinct edge
over other forms.
8. Division of profit
Profit is the guiding force of private business and it has a tremendous influence on
the selection of a particular form of business organisation. An entrepreneur
desiring to pocket all the profits of business will naturally prefer sole
proprietorship.
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