1. Business Enterprises & Types
- Business Enterprise: An economic unit formed to produce and distribute goods/services for profit or welfare.
Types of Enterprises
- Private Sector Enterprises: Owned, managed, and controlled by individuals or private groups. Example – Reliance Industries.
- Public Sector Enterprises: Owned, managed, and financed by Government. Example – Indian Railways.
- Joint Sector Enterprises: Owned and managed jointly by Government and private individuals. Example – Maruti Suzuki (initially).
2. Forms of Private Sector Enterprises
A. Sole Proprietorship
Definition: Business owned, financed, and managed by one individual.
Features (5)
- Single Ownership: Complete control lies with one person.
- Direct Control: Owner makes all decisions independently.
- Unlimited Liability: Owner’s personal assets may be used to pay debts.
- Easy Formation & Closure: No legal formalities required.
- Lack of Continuity: Ends with owner’s death or insolvency.
Advantages (5)
- Simple Start & Closure: Easy to establish with minimal cost.
- Full Profit: Entire earnings belong to the owner.
- Quick Decisions: No interference in decision-making.
- Customer Relations: Direct contact builds trust and loyalty.
- Flexibility: Business can easily adapt to changes.
Disadvantages (5)
- Limited Capital: Financial resources restricted to personal funds.
- Unlimited Liability: Owner personally bears all risks.
- No Continuity: Business dissolves if owner dies or becomes insolvent.
- Limited Skills: Difficult to handle all functions alone.
- Small Scale: Cannot expand much beyond local level.
B. Joint Hindu Family (JHF) Business
Definition: A business owned by Hindu Undivided Family and managed by Karta.
Features (5)
- Membership by Birth: Only family members are co-parceners.
- Karta’s Control: Karta alone manages business affairs.
- Limited Liability of Members: Only Karta has unlimited liability.
- Continuity: Business continues even after death of Karta.
- Formation by Law: Exists by virtue of Hindu law, no formalities.
Advantages (5)
- Easy Formation: No registration or legal procedure needed.
- Quick Decisions: Karta has complete control.
- Continuity: Business is stable and long-lasting.
- Limited Liability of Members: Ordinary members’ liability is limited.
- Family Loyalty: Members usually support each other.
Disadvantages (5)
- Limited Resources: Capital depends only on family’s funds.
- Overburden on Karta: Heavy responsibility on one person.
- Risk of Inefficiency: If Karta is unskilled, business suffers.
- Lack of Initiative: Other members have no role in management.
- Restricted Membership: Only Hindus can form it.
C. Partnership
Definition: Agreement between two or more persons to share profits of a jointly carried business.
Features (5)
- Agreement-Based: Formed through Partnership Deed.
- Number of Members: Minimum 2, maximum 20 (10 in banking).
- Unlimited Liability: Partners jointly and severally liable.
- Profit Sharing: As per deed or equally if not specified.
- No Separate Entity: Partners and firm are same in law.
Advantages (5)
- More Capital: Pooled resources of partners.
- Shared Risk: Loss divided among partners.
- Specialisation: Partners bring varied skills.
- Flexibility: Easy to adapt without much law.
- Quick Decisions: Fewer legal formalities.
Disadvantages (5)
- Unlimited Liability: Personal assets of partners are at risk.
- Possibility of Conflicts: Disagreements may affect business.
- Limited Capital: Still smaller than companies.
- Uncertain Life: Dissolves on partner’s death/retirement.
- No Legal Status: Not separate from its owners.
D. Cooperative Society
Definition: Voluntary association of persons formed for mutual benefit on the principle of “one man, one vote.”
Features (5)
- Voluntary Membership: Open to all.
- Democratic Control: Equal voting rights.
- Service Motive: Focus on welfare over profit.
- Legal Status: Registered under Cooperative Societies Act.
- Limited Liability: Members liable only up to their capital.
Advantages (5)
- Equality: All members have equal rights.
- Limited Liability: Personal risk is low.
- Continuity: Stable existence unaffected by member changes.
- Eliminates Middlemen: Directly benefits members/consumers.
- Government Support: Eligible for subsidies/loans.
Disadvantages (5)
- Limited Capital: Low financial strength.
- Inefficient Management: Often lacks professionals.
- Low Motivation: Profit is not the main motive.
- Government Interference: Excessive regulation.
- Slow Decisions: Democratic process delays actions.
E. Company
Definition: Artificial person created by law, with separate legal entity and perpetual succession.
Features (5)
- Separate Legal Entity: Distinct from members.
- Limited Liability: Liability only up to shareholding.
- Transfer of Shares: Possible in public companies.
- Perpetual Succession: Existence independent of members.
- Legal Formalities: Strict compliance under Companies Act.
Advantages (5)
- Large Capital: Can raise funds through shares/debentures.
- Limited Liability: Shareholders’ risk is limited.
- Continuity: Exists beyond life of members.
- Professional Management: Run by experts.
- Growth Potential: Suitable for expansion.
Disadvantages (5)
- Complicated Formation: Lengthy and costly process.
- Lack of Secrecy: Must publish accounts.
- Conflict of Interests: Separation of ownership & management.
- Government Control: Excessive compliance needed.
- Delay in Decisions: Slow due to legal formalities.
3. Types of Partnership Firms
- Partnership at Will: No fixed duration; dissolved anytime by mutual consent.
- Fixed Period Partnership: Formed for a specific time duration.
- Particular Partnership: Formed for a specific project/venture.
4. Types of Partners
- Active Partner: Takes part in daily management.
- Sleeping Partner: Contributes capital but does not manage.
- Secret Partner: Invests but keeps identity hidden.
- Nominal Partner: Only lends name without investment.
- By Estoppel: Liable because he allows others to assume he is a partner.
- By Holding Out: Accepts representation as a partner and becomes liable.
5. Formation of Partnership Firm
- Partnership Deed: Written agreement mentioning terms – capital, duties, profit sharing, etc.
- Registration (Optional): Gives legal benefits.
Procedure for Registration
- Submit application to Registrar of Firms.
- Pay registration fees.
- Registrar enters details in Register of Firms.
- Firm gets Certificate of Registration.
6. Types of Cooperative Organisations
- Consumer Cooperative Society: Protects consumers from exploitation.
- Producer Cooperative Society: Helps small producers by providing resources.
- Marketing Cooperative Society: Ensures fair price to farmers/producers.
- Credit Cooperative Society: Provides easy loans to members.
- Farming Cooperative Society: Members pool land/resources for joint farming.
- Housing Cooperative Society: Provides affordable houses to members.
7. Types of Companies
- Private Ltd. Company: Minimum 2 members, maximum 200, cannot issue shares to public.
- Public Ltd. Company: Minimum 7 members, no upper limit, can raise capital from public.
- One Person Company (OPC): Single member company with limited liability and separate legal entity.
8. Benefits of Private Company over Public
- Easier to form and operate.
- More secrecy in business affairs.
- Greater flexibility in decision-making.
- Lesser legal restrictions and compliance.
- Better control in hands of few owners.
9. Formation of Joint Stock Company
Stages:
- Promotion: Idea generation, feasibility study, name approval, and preparation of documents.
- Incorporation: Registration with Registrar of Companies → Certificate of Incorporation.
- Capital Subscription Stage: Public issue of shares (only for public companies).
- Commencement of Business: Public company needs Certificate of Commencement; private can start after incorporation.
10. Important Documents
- MoA (Memorandum of Association): Charter of company; defines objectives.
- AoA (Articles of Association): Rules for internal management.
- Prospectus: Invitation to public to subscribe shares/debentures.
11. Choice of Form of Business Enterprise
Depends on:
- Nature of Business: Size and scope of activities.
- Scale of Operations: Small or large.
- Capital Requirement: Low (sole prop.), medium (partnership), large (company).
- Risk Involved: Low → prop.; high → company.
- Legal Formalities: Simple → prop.; complex → company.
- Liability of Owners: Limited or unlimited.
- Managerial Capacity: Individual vs. group/professional management.
Comparison of Forms of Business Organisation
Basis of Difference | Sole Proprietorship | Joint Hindu Family Business | Partnership | Cooperative Society | Company |
---|---|---|---|---|---|
Meaning | Business owned and managed by one person. | Business owned by Hindu Undivided Family, managed by Karta. | Agreement between 2–20 persons to run business jointly. | Voluntary association for mutual welfare. | Artificial person created by law, with separate entity. |
Formation | Very easy, no legal formalities. | Comes into existence by Hindu law. | Simple, by agreement; registration optional. | Requires registration under Cooperative Societies Act. | Requires registration under Companies Act. |
Members | Only one owner. | Membership by birth, co-parceners. | Min 2, Max 20 (10 for banking). | Open membership (anyone can join). | Min 2 (private), 7 (public); max 200 in private, unlimited in public. |
Liability | Unlimited liability. | Karta – unlimited, others – limited. | Unlimited and joint liability of partners. | Limited liability of members. | Limited liability of shareholders. |
Control | Full control with owner. | Complete control with Karta. | Jointly by partners as per deed. | Democratic – one member, one vote. | Board of Directors elected by shareholders. |
Continuity | Ends with owner’s death/insolvency. | Continuous, unaffected by Karta’s death. | Ends with death/retirement of partners unless otherwise agreed. | Perpetual succession, unaffected by death of members. | Perpetual succession, independent of members. |
Capital | Limited to owner’s funds. | Limited to family resources. | More than proprietorship but still limited. | Limited, depends on members’ contribution. | Very large, raised through shares/debentures. |
Secrecy | High secrecy of business affairs. | Moderate secrecy, within family. | Moderate secrecy, limited to partners. | Less secrecy due to democratic setup. | Least secrecy, must disclose accounts publicly. |
Profit Sharing | Sole owner keeps entire profit. | Shared among family members. | Shared among partners as per deed. | Shared among members based on participation. | Dividends distributed to shareholders. |
Suitable For | Small-scale, local businesses. | Traditional family businesses. | Medium-scale businesses. | Service-oriented, welfare-based businesses. | Large-scale industries, multinational operations. |
Comparison: Private Company vs Public Company vs One Person Company
Basis of Difference | Private Company | Public Company | One Person Company (OPC) |
---|---|---|---|
Definition | Company owned by a small group; restricts transfer of shares. | Company that can invite public to buy shares and is listed. | Company formed by a single individual with limited liability. |
Minimum Members | 2 | 7 | 1 |
Maximum Members | 200 | Unlimited | 1 |
Minimum Directors | 2 | 3 | 1 |
Transfer of Shares | Restricted by Articles of Association. | Freely transferable. | Not applicable (single owner). |
Raising Capital | Cannot invite public; funds from members only. | Can raise funds from public by issuing shares/debentures. | Limited to personal investment and borrowings. |
Legal Status | Separate legal entity. | Separate legal entity. | Separate legal entity. |
Liability of Members | Limited to value of shares. | Limited to value of shares. | Limited to value of shares. |
Commencement of Business | Can start after receiving Certificate of Incorporation. | Needs Certificate of Incorporation + Certificate of Commencement. | Can start after Certificate of Incorporation. |
Secrecy | High secrecy, not much public disclosure. | Less secrecy, must publish accounts. | High secrecy, since one person manages. |
Suitable For | Medium-sized businesses requiring privacy. | Large-scale businesses, raising capital from public. | Small businesses where a single owner wants limited liability. |