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Forms of Business
Organizations
Every agribusiness is owned by someone
The circumstances of ownership give
organization its specific legal form.
Five basic business forms:
1.
2.
3.
4.
5.
an
Sole Proprietorship
Partnership
Corporation
Limited Liability Company (LLC)
Cooperative
it be
conducted, and what are owners objectives and
philosophies for the agribusiness?
How much capital is available for the firms start-up?
How much capital is needed to support the
agribusiness?
How easy is it secure additional capital for the
agribusiness?
What tax liabilities will be incurred and what tax
options are available?
How much personal involvement in the management
and control of the agribusiness do the owners desire?
How important are the factors of stability, continuity,
and transfer of ownership to the firms owners?
How desirable is it to keep the affairs of the
agribusiness private and carefully guard any public
Dr. Hammad Badar (Assistant Professor
IBMS)
Disadvantages
Partnership
Association of two or more people as owners of a
business
Little expenses
Kinds of Partnership
General Partnership
Each partner has equal rights
A general partner has the authority to act as an
agent for the partnership and can participate in the
management and operations of the business
Each general partner is liable for all partnership
debts and may share in profits in equal proportions
with all other partners
Liabilities are shared equally among the partners for
as long as sufficient financial personal resources
exist
When one partners resources are exhausted,
remaining parties continue to be liable for the
remaining debt.
Each partner can bind the partnership to fulfill any
Dr. Hammad Badar (Assistant Professor IBMS)
Limited Partnership
All partnerships are required by law to have at
least one general partner but it is possible for
other partners to be involved on a limited basis.
Permits individuals to contribute money or
ownership capital without incurring the full legal
liability of a general partner.
A limited partners liability is generally limited
to the amount that the individual has personally
invested in the business
Limited partnership are relatively few in number
Types of Partners
General Partner
One who is active in the management of the
partnership
Typically has an investment in the business and is
subject to unlimited liability.
If nothing is written, all partners are assumed to be
general partners
Limited Partner
Has limited liability
The agreement is in writing
May not take an active role in managing the
partnership
Senior Partner
Typically an individual who has helped form the
Dr. Hammad Badar (Assistant Professor IBMS)
Junior Partner
Typically younger and has not been in the business
as long as senior partner
Tend to receive smaller portion in the business
profits
Rarely take an active role in managing the business
affairs
Secret Partner
Desires to take an active role in managing the
partnership but is not known to be a partner by the
general public due to involvement in other
businesses
Silent Partner
Known by the public and not active in managing the
partnership to add some recognition to a firm
Have limited liability
Dr. Hammad Badar (Assistant Professor IBMS)
Dormant Partner
Not active in managing partnership and is not known
by the general public
Retain limited liability
May be source of additional investment capital for
the business
Nominal Partner
In name only
Not active in the business and have no investment
The Corporation
A special legal entity endowed by the law with
the powers, rights, liabilities and duties of a
person
Sometimes referred to as an artificial person
Typically facilitates the accumulation of greater
amount of capital
Often are large businesses employing hundreds of
thousands of people and worth billions of Rupees.
Although formed for profit-making, may be formed
as nonprofit corporations such as religious,
government, labor and charitable organizations.
A corporation can own property, incur debts and can
sue and be sued for damages.
The owners (stockholders) and managers do not own
anything directly. Rather corporation itself owns the
Dr. Hammad Badar (Assistant Professor IBMS)
Forming a Corporation
Requires strict adherence to the laws
One or more persons may join together to create a
corporation
Requires legal documentation
When all legal formalities are met and proper fee for
incorporation is paid, a charter authorizing the
applicants to do business as corporation is issued
A corporation need to maintain:
Cooperatives
Owned, operated and controlled by members, a
cooperative is a distinct form of the corporate
form of business.
Help members improve the prices they receive for the products
they produce
Reduce the prices paid for the inputs necessary to grow those
products.
Help members find markets, and/or improve the negotiating
position of members.
Provide economic and/or operational benefits to member-owners,
and then return the profit to the member-owners based on each
members use of the cooperative.
The user-member is the total emphasis for the cooperative. In
contrast, generating profit for the owners of the firm is the purpose
of the non-cooperative business enterprise.
Dr. Hammad Badar (Assistant Professor IBMS)
Operation at cost
a cooperatives net income is distributed to individual members in
proportion to the volume of business that they have done with the
cooperative.
A cooperative may choose to retain profits rather than pay them
out as patronage returns, but when it does, it normally must pay
corporate income tax just as any corporation must pay.
The obligation to return profits to members is a primary factor that
separates cooperatives from other forms of business.
Cooperatives may do some business with individuals who are not
members. In the case of such non-patron business, any excess of
income over and above the expenses generated specifically by that
transaction does not have to be returned to the customer.
Instead, many cooperatives elect to treat this additional income as
regular profit, to pay taxes on it just as any business would, and to
use the profits to fund growth of the cooperative.
Dr. Hammad Badar (Assistant Professor IBMS)