LIMITED COMPANY, PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP OR SOLE TRADER? There are various factors which should be taken into account when a choice of business structure is made; this choice should be kept under review as circumstances (and the law) change. We will be able to help you make an informed decision based on the following factors, and will advise how they relate to the chosen business structure:
RISK CAPITAL The degree of risk can vary considerably depending on the structure of the business. Advice on liability is important.
LEGAL STATUS OF THE BUSINESS There are a number of differences of which you need to be aware. For example, companies and limited liability partnerships are separate legal persons and the liability of their members is limited to the amount they have invested, whereas a partnership is not a separate legal person and its liability is unlimited.
MANAGEMENT The management of a company is subject to the Companies Acts and its articles of association, whereas a partnership will be governed by the Partnership Act and/or a partnership agreement. We are able to provide advice and draft appropriate articles or agreements for your business.
INTERNAL FLEXIBILITY By using the correct legal procedures we are able to make your business operate within a very flexible, or a very rigid management structure, as you wish.
PUBLICITY A company and a limited liability partnership need to make public certain information by law, whereas a partnership has to disclose a great deal less.
EXPENSES The legal and administrative costs of the alternative structures could differ significantly depending on the nature of the business and its size.
SECURITY OF TENURE As a director or a partner, your security in your position within the business could be an important issue. We will be able to advise you on this and take steps, if required, to secure your position.
SUCCESSION TO THE BUSINESS Consideration needs to be given as to what you wish to happen to your business, or interest in it, should you wish to sell or leave for any reason. Certain restrictions apply to the different structures and we will be able to advise on this so that you can provide or plan for the future.
TAXATION There are vast differences in the tax implications for companies and partnerships/sole traders. We can help you with this, and suggest recommended financial advisers for more complex areas.
RAISING FINANCE The different structures have alternative means of attracting finance. This is a key consideration when setting up a business, and making the wrong decision now could prove costly at a later date.
In the event that you have any enquiries, please contact Paul Warman or alternatively please call us on 01603 610911.
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