Legal Structure

There are different structures that a business can choose. The most common structure for start ups is a sole trader. If a business wants to have limited liability they will be a LTD

Sole Traders

  • A business owned by one person.
  • S/he may employ staff.
  • Most commonly in the provision of local services.

Advantages

  • Easy and cheap to set up.
  • Very flexible to changes in circumstances.
  • Owner keeps profit.
  • Independence.
  • More privacy than other firms.

Disadvantages

  • Unlimited liability. (Unincorporated).
  • High risk and limited security for loans.
  • Limited capital.
  • Organisational difficulties (holidays/illness).
  • Limited skills.

Private Limited Companies (LTD)

  • Funded by shares that cannot be advertised for sale without the agreement of the other shareholders.
  • This means that second-hand shares cannot be sold on the stock exchange.
  • As a result, they are limited in size.

Advantages

  • Limited liability.
  • More capital than sole trader.
  • More privacy than Plc.
  • More flexible than Plc.

Disadvantages

  • Shares less attractive because they’re difficult to sell.
  • Less flexible if expansion needs finance.
  • Legal formalities compared to unincorporated firms.

Public Limited Company (PLC)

  • Funded by shares.
  • Plc’s must issue at least £50,000 of shares, and their shares can be advertised.
  • Most try to secure a stock exchange listing their second-hand shares to be bought and sold easily.

Advantages

  • Limited liability.
  • Easier to raise funds.
  • Greater scope for new investment.
  • Can use economies of scale.
  • Listed on stock exchange = stability.

Disadvantages

  • Must publicise performance.
  • Greater scrutiny of activities.
  • More administration.
  • Founders of firm may loose control of ownership.
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