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>> 97 points to consider when setting up a New Business

By John Foster FCCA Business Advisor
Tel 01202 428228 Fax: 01202 433631
Email: mail@jtfoster.co.uk
www.jtfoster.co.uk

Partnership

50. Very similar to sole traders except this is where two or more people are involved in the business itself. This includes shared responsibility.

51. Partners are treated as self employed and taxed as such, the profits being shared in proportion to your agreement, either verbal or written.

52. The main disadvantage is that each partner can commit the partnership contractually.

53. It is strongly recommended that a solicitor at the beginning of the partnership formally draw up a partnership agreement; this would cover the legal obligations of the partners and what happens in case of disputes.

54. The agreement will also covers the profit share agreement so there can be no doubt about what was meant from the outset of the business.

55. There is unlimited personal liability, the partners are responsible for the business debts and their personal assets can be taken to pay your creditors in the case of bankruptcy.

Limited Company

56. A limited company can be the business structure your business requires. This could be for: -
o Credibility – it can be regarded by some as more reliable than sole traders or partnerships for various reasons. There is public information available on companies, which is not available for other types of business, which are very private.
Raising of finance can be easier for companies than for sole traders etc. Issuing of shares is one example.

57. The company can complete all the transactions that a sole trader can, contracting, own property etc. the big difference that in most cases if the company goes into liquidation the directors have no personal liability.

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