forms_of_business

Forms of Business

The forms of business may be classified as:

  • Sole proprietorship
  • Partnership
  • Cooperative
  • A company limited by shares
  • A company limited by guarantee with a share capital
  • Less common types of companies are

Sole proprietorship:

A sole proprietorship, also known as a sole trader, is owned by one person and operates for their benefit. The owner operates the business alone and may hire employees. A sole proprietor has unlimited liability for all obligations incurred by the business, whether from operating costs or judgments against the business. All assets of the business belong to a sole proprietor, including, for example, a computer infrastructure, any inventory, manufacturing equipment, or retail fixtures, as well as any real property owned by the sole proprietor.

Partnership:

A partnership is a business owned by two or more people. In most forms of partnerships, each partner has unlimited liability for the debts incurred by the business. The three most prevalent types of for-profit partnerships are general partnerships, limited partnerships, and limited liability partnerships.

Cooperative:

Often referred to as a “co-op”, a cooperative is a limited-liability business that can organize as for-profit or not-for-profit. A cooperative differs from a corporation in that it has members, not shareholders, and they share decision-making authority. Cooperatives are typically classified as either consumer cooperatives or worker cooperatives. Cooperatives are fundamental to the ideology of economic democracy.

A company limited by shares:

The most common form of the company used for business ventures. Specifically, a limited company is a “company in which the liability of each shareholder is limited to the amount individually invested” with corporations being “the most common example of a limited company.” This type of company is common in England and many English-speaking countries. A company limited by shares may be:

  • Publicly traded company or
  • Privately held company

A company limited by guarantee with a share capital:

A hybrid entity is usually used where the company is formed for non-commercial purposes, but the activities of the company are partly funded by investors who expect a return. This type of company may no longer be formed in the UK, although provisions still exist in law for them to exist.

  • A limited liability company: “A company—statutorily authorized in certain states—that is characterized by limited liability, management by members or managers, and limitations on ownership transfer”, i.e., L.L.C. LLC structure has been called “hybrid” in that it “combines the characteristics of a corporation and of a partnership or sole proprietorship”. Like a corporation, it has limited liability for members of the company, and like a partnership, it has “flow-through taxation to the members” and must be “dissolved upon the death or bankruptcy of a member”.
  • An unlimited company with or without a share capital: A hybrid entity, a company where the liability of members or shareholders for the debts (if any) of the company is not limited. In this case, the doctrine of a veil of incorporation does not apply.

Less common types of companies are:

Statutory companies: Relatively rare today, certain companies have been formed by a private statute passed in the relevant jurisdiction.

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