1Sole Proprietorships
An unincorporated business owned by one person
2Advantages of Sole prop.
-Ease of formation
-Taxes
3Flow through tax entity
An organization that does not pay taxes on its profit but tax flows through to owners who pay taxes.
4Disadvantages of Sole Prop.
-Liability
-Limited Capital
5Corporation Advantages
-Limited Liability
-Transferability of interests
-Duration
6Corp. Disadvantages
-Logistics
-Taxes
7S Corps
encourage entrepreneurship by offering tax breaks
8S Corp Advantages
-Avoids Double Taxation (Flow-through entity)
-Limited Liability of shareholders
9S Corp Disadvantages
-One class of stock
-no more than 100 shareholders
-shareholders cannot be corps or partnerships
-Shareholders must be US citizens
-All shareholders must agree company should be S Corp
10Close "C" Corporation
-small number of shareholders
-stock is not publicly traded
-shareholders play an active role in management
-entitled to special treatment under state law
11Limited Liability Companies
-Limited Liability
-Flow-through entity (Not Double taxed)
12Piercing the Company Veil
A court holds members of an LLC personally liable for the debts of the organization
13A Court may pierce an LLC's veil if:
-Fail to observe formalities
-Commingle of Assets
-Fail to provide adequate capital
-Commit Fraud
14Social Enterprise
Organizations pledge to behave in a socially responsible manner even as they pursue profits.
15To become a socially conscious organization, need:
-2/3 vote of shareholders
-ensure social benefit
-report impact on website
16Partnership
Unincorporated Association of 2 or more co-owners who operate a business for profit
17General Partner
Each co-owner
18Partnership by estoppel
Non-partners are held out to be partners and, therefore, are as personally liable as if they were partners
19Partnership by Estoppel exists if:
-Participants tell others they're partners
-3rd party relies on their "partnership"
-3rd party suffers
20Managing partners
Partners who have a primary management responsibility for a partnership
21Dissociation
When a partner leaves a partnership
22Joint venture
A partnership for a limited purpose
23Franchise Disclosure Documents
A disclosure document that a franchisor must deliver to a potential purchaser