|
SOLE
TRADER OR SOLE PROPRIETOR
The situation that exists when a man or woman decides to carry on a business
with that person as the only person actually running it and being responsible
for the making of the contracts, provision of business, enjoying the profits
or suffering the losses that flow from the business concern.
PARTNERSHIP
An arrangement that exists when one or more people agree to enter into
an agreement for the running of a business where profits are shared between
them as may be agreed from time to time.
LIMITED
COMPANY
A separate legal entity which is formed in which people can hold shares
and therefore own a stake in the company. The company is separate in law
from its shareholders and directors. It is the company that enters into
contracts, makes profits and losses and not its directors and share holders.
INCORPORATION
The process whereby a sole trader or partnership decide to convert their
business into a limited company.
TERMS
OF BUSINESS
These are standard clauses which will apply to every contract that a business
enters into unless any of the terms are excluded or varied by the specific
contents of a particular business contract. They apply to all the business
affairs of that organisation unless varied in any way.
WHAT IS UNLIMITED LIABILITY?
It is a situation that exists when a sole trader or partnership is in
existence. The sole trader or partners in the business are liable to the
extent of their personal fortunes, however, large or small, for the debts
of the business.
MEMORANDUM
AND ARTICLES OF ASSOCIATION
This is a document governing the affairs of every limited company. It
is a printed document, filed at Companies house and held with the company
records setting out the powers of the company in terms of its business
dealings and will also regulate the rights and responsibilities as between
themselves of share holders and directors in the company.
PRE-EMPTION
CLAUSES
Once again this term applies to the situation involving share holders
in a limited company. Many limited companies have provisions that in the
event of a share holder wanting to sell any shares then a right of pre-emption
will apply so that the shares must first be offered to the other existing
share holders in the proportions to which all shares are held. It means
that company shares cannot be sold without existing share holders having
the right to buy them first, it is a device for maintaining ownership
and control of the company within existing shareholders.
|