1. What are the factors in deciding what form of ownership is best suited for the potential business?
-The factors that determine what form of ownership is best suited for the potential business are first identifying the legal structure in regards to liability, law and attracting capital. Also you want to decide on the businesses long/short term needs and take into consideration tax payments. You might want to go over how much capital is needed for this business and if there will be any continuity.
2.Briefly describe the advantages and disadvantages of a sole proprietorship and partnership?
-The advantages of a sole proprietorship include: the owner makes all the call, the business can be terminated at any time due to a single ownership, least regulated form of ownership and it has a profit incentive meaning after all debts are paid, all profits go straight to the owner.
The disadvantages of a sole proprietorship are as follows: there can be a lack of skill in certain areas due to there only being one person and most of all, the owner is liable for all debts and creditors can go after personal assets because of this.
-The advantages of a partnership are: they are easy to establish, your partner(s) may compliment each others lacking skill, more flexibility, and they are not subject to federal taxation.
The disadvantages of a partnership include: unlimited liability to one partner usually being the general partner, restrictions on raising capital, and the potential for conflict between partners.
3.Explain the corporate form of ownership and how a business is incorporated.
-A corporate form of ownership is a separate legal entity apart from its owner(s) and may engage in business, sue or be sued, issue contracts and pay taxes. Here the stock holders are the owners. The three primary sections of a corporation are its stock holders, board of directors and the officers.
The incorporation of a business varies from state to state. However generally speaking the easiest route involves you requesting forms and information from the local secretary of state, obtaining an agent for the business, selecting the corporate name (You have 30 days to this part), and preparing a certificate of incorporation with filing fees and your first annual charge.
4.List the differences between the S-Corp. and the limited liability company.
-The differences between the two are as follows: an S-corp doesnt have to pay double taxation and is taxed like a partnership, and has restrictions on ownership. Whereas a LLC can any number of owners, is not owned by the stock holders, easy to form/establish and contributes and distributes property tax free.
After reading this chapter and getting a better insight on the different forms of ownership I believe I might go with a partnership in regards to opening my own local gym.