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20. Business Organisations

Learning Outcomes from this chapter

On completion, you should be able to: 

  • Identify different types of business organisations
  • Compare and contrast the different types of business organisations
  • Outline the steps needed to form a limited company
  • Discuss the advantages and disadvantages of different types of business organisations
  • Evaluate the advantages and disadvantages of semi-state enterprises and of privatising them
  • Analyse the benefits and drawbacks of franchising as a business start-up
  • Illustrate your understanding of indigenous firms and their benefits for the Irish economy
  • Explain why businesses change their organisational structure over time
  • Discuss the changing trends in business organisations in Ireland recently

Types of business organisations

Sole Trader

Formation Start straight away in own name or register name with CRO
Liability Unlimited liability - All debts can be recovered from personal belongings
Finance Limited to their savings or their ability to access loans, which can be difficult if they are a new business with no history - LEO (Local Enterprise Office) can give grants
Control Owner maintains total control and makes all decisions

Advantages:

  • Easy/quick to set up
  • Total decision-making
  • Keeps all profits
  • Maintains privacy on accounts

Disadvantages:

  • Takes on all risks (personal and financial)
  • Unlimited liability
  • May lack adequate capital
  • High workload/stress of being the sole owner/decision-maker

Sole Trader (From Teacher)

  • Unlimited liability
  • Easy to set up
  • Usually 1 person starting a business
  • Owner maintains full control
  • All profit goes to owner

Partnership

Formation Form LP1 must be completed by CRO - a deed of partnership is signed
Liability Unlimited Liability
Finance Between 2 and 20 partners can invest their savings, plus loans
Control Decisions are shared by partners - Have to be agreed to in writing

Advantages:

  • Risks and decisions shared
  • Benefits from a range of experience/skills
  • Access to more capital than sole trader
  • Maintains privacy on accounts

Disadvantages:

  • Unlimited Liability
  • Slower decision-making (disagreements/conflicts)
  • Partnership dissolved on death of a partner
  • Profits shared between partners

Partnership (From Teacher)

  • Unlimited liability
  • 2 - 20 people to start up
  • Shared decision - making equal votes per partner
  • Equal shares of profits
  • More access to skills + capital

A partnership is automatically dissolved when a single partner dies

Private Limited Company (Ltd/CLS)

Formation Must create a constitution, then CRO issues a certificate of incorporation
Liability Shareholders of a private limited company have limited liability - on bankruptcy, only lose the value of their investment
Finance Shares can be sold up to a maximum of 149 shareholders
Control One share, one vote: shareholders elect a board of directors, board of directors appoints a CEO who answers to the board

Advantages:

  • Access to capital
  • Limited liability
  • “One share, one vote”
  • Establishes a separate legal entity
  • Continues to existence on death of a shareholder

Disadvantages:

  • Slower and more expensive to set up
  • Accounts need to be filed

Private Limited Company (From Teacher)

  • Create a constitution (set out laws/rules, relevant info of founders)
  • Certificate of incorporation
  • Limited liability
  • Shares sold to select people/groups
  • Up to 149 stakeholders
  • One share = one vote
  • CEO is elected/chosen by the board of directors

Private limited company: Ltd/CLS vs DAC

Private company limited by shares (CLS)

  • Title ‘Ltd’ after its name
  • Requires only one director
  • Single-document constitution
  • No limit to what activities the business can do
  • Can have up to 149 shareholders
  • Shareholders can decide not to hold an AGM by passing a written resolution
  • No authorised share capital needed: no limit on the number of shares issued
  • Title ‘DAC’ applies to each company
  • Requires a minimum of two directors
  • Uses an Articles of Association and Memorandum of Association as its constitution
  • Established for a very specific purpose – restricted to operating only that activity
  • Legal obligation to hold an AGM each year
  • Must have an authorised share capital
  • All financial companies must register as DACs (e.g. Ulster Bank DAC)

Co-operative

Formation At least seven members apply to the Registrar of Friendly Societies
Liability Members of co-ops have the protection of limited liability
Finance Members receive a share of the profits in proportion to turnover
Control Democratic structure, ‘one member, one vote’

Advantages:

  • Limited liability
  • Members have a say in the running of the business
  • Often based on a common bond
  • May not be purely profit-driven

Disadvantages:

  • Limited access to capital
  • Disagreement between members
  • Longer decision making time

Co-operative (From Teacher)

  • At least 7 members
  • Democratic structure (One vote per member)
  • Receive equal profit shape
  • Limited liability
  • All members have equal voting rights
  • Register of friendly societies

Public limited company (PLC)

  • Must have minimum of seven shareholders, no upper limit
  • Shares sold on a stock exchange
  • Stock exchange listing can boost exposure for the brand and can help attract top staff
  • Businesses that have grown may seek to float on the stock exchange; this is a very expensive process that requires huge preparation and a forensic look at the company’s finances
  • Easier targets for takeover bids from rivals – share price impacts the value of the company, which can be out of the control of the owners (e.g. stock prices fell drastically during the COVID-19 pandemic)

Semi-state bodies

Semi-state bodies are state-owned (government) enterprises that are technically commercially run, which benefits the Irish government (e.g. Dublin Bus, An Post, RTÉ, Bord Gáis)

Advantages of state-owned enterprises

  • Increased government revenue (sale)
  • Improved efficiency/standard
  • More finance to expand/develop
  • Increased competition (deregulation)

Disadvantages of state-owned enterprises

  • Loss of state assets
  • Loss of control over services
  • Increased unemployment
  • Consumers may face higher prices

Semi-state bodies: privatisation/nationalisation

Privatisation

Privatisation is the selling of a state-owned company to private investors. The sale raises money for the government, but they then lose control over the service.

Advantages:

  • More efficient
  • More access to finance
  • May lead to increased competition

Disadvantages:

  • Loss of control over the service
  • May lead to job losses
  • Business may reduce services (now profit-driven)

Nationalisation

Nationalisation is when a privately run business is taken over and run by the state. This happens when a business/industry cannot support itself, and the government deems it an essential service for citizens. The government buys to save the business/industry so that services can be maintained.

Franchises

Franchisor grants a licence for a franchisee to sell its products or use its business idea in return for a fee and a percentage of turnover/profits

Advantages of being a franchisee

  • Use a proven/successful business idea
  • Existing customer base, loyalty, data on market
  • Benefit from economies of scale (advertising, raw materials)
  • Support/training/mentoring offered by franchisor

Disadvantages of being a franchisee

  • More expensive: one-off payment of fee, then percentage of sales/profits
  • Restricted innovation, limited range of offerings
  • Restricted sales territories
  • Risk of damage to brand’s reputation by other franchisees

Indigenous business

Irish-owned, locally based business that are established, owned and managed by Irish residents

Importance of indigenous firms for Ireland

  • Firms have a high loyalty to Ireland
  • Provide local benefits (e.g. purchase raw materials locally)
  • Create entrepreneurial role models for young Irish residents
  • Reduce our reliance on FDI (Foreign Direct Investment)
  • Increase Ireland’s export levels, if the companies sell abroad (improve our balance of payments)
Liability Move from unlimited to limited liability (e.g. sole trader to Ltd/CLS)
Continuity Company ceases to exist on death of owner in sole trader or partnership, but not in Ltd/CLS
Expansion Access to capital (e.g. partnership can have 2–20 investors, but Ltd/CLS can have up to 149 investors)
Tax benefits Ltd/CLS pays 12.5% tax on profits, whereas sole traders pay the same rates as a PAYE employee (20–40%)
Expertise More owners bring more skills/experience/expertise; changing the structure allows this