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Business Activity

Liability, legal status and choosing an ownership structure

  • 2 things to know
  • Component 01

Overview

Recall questions on limited liability, incorporated and unincorporated businesses, continuity of existence, personal guarantees, and the control, tax and privacy factors in choosing a legal structure.

What you need to know

Answer each one before you reveal it.

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Key term

Why is choosing a legal structure a decision a business revisits rather than takes once?

Key term

Distinguish between an incorporated and an unincorporated business.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Define limited liability.

    Model answer

    Limited liability means a shareholder's loss is capped at the amount they have paid or agreed to pay for their shares, so their personal assets cannot be claimed for the company's debts.

  2. 2

    Why does limited liability encourage investment?

    Model answer

    An investor knows the most they can lose is the sum they put in, so they will back ventures they would never fund if their home and savings were also at stake.

  3. 3

    Distinguish between an incorporated and an unincorporated business.

    Model answer

    An incorporated business has a legal identity separate from its owners and gives them limited liability, while an unincorporated business is legally the same as its owner, who has unlimited liability.

  4. 4

    Why can a limited company own property in its own name when a sole trader cannot?

    Model answer

    The company is a separate legal person, so its assets belong to the company itself, whereas a sole trader's business assets are legally the owner's personal property.

  5. 5

    What is meant by continuity of existence?

    Model answer

    A company carries on existing whoever owns the shares and whatever happens to its directors, while an unincorporated business comes to an end with its owner.

  6. 6

    How does the choice of legal structure affect who controls the business?

    Model answer

    A sole trader keeps complete control, partners share it, a private company's control follows the shareholdings the founders choose to keep, and a plc's control can pass to whoever buys enough shares.

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