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Legal & Regulatory Regulations - Essay Example

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Peggy and Nancy run a small juice bar in Brighton. Business is good and they are thinking of expanding their premises and staff and hope ultimately to branch into different parts of the country. They recognize a need to seek outside finance to assist cash flow…
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Download file to see previous pages However, the same perceived advantages of a partnership, if enjoyed without caution, lead to a loss of credibility both in the eyes of prospective employees and prospective financers. There are myriad advantages and disadvantages to both the business forms seen from any angle that may have a bearing upon the choice of business structures. However, one thing is certain that it is next to impossible to run a company without qualified professional help,- and associated costs,- if benefits are to be obtained and penalties to be avoided. The principal advantages of a company are of course, the vaunted limited liability, greater flexibility in tax planning, a greater social perception of credibility, and an ability to raise funds formally through the sale of equity shares.
Partnerships that maintain detailed auditing and have themselves audited by professionals are on the same footing as start-up limited companies with respect to an external loan, - for any financier, including a bank, would want personal guarantees from the directors of a new company in order to give a loan, just as they would demand collaterals from the partners of a partnership. Further, as research has shown, there is almost no discrimination shown by banks between male and female owned businesses when it comes to a loan (Carter & Shaw 2006). The principal difference in approach is that "While female applicants are required to demonstrate evidence that they understand the nature and implications of business ownership, male applicants are required to demonstrate trustworthiness through social stability, evidenced by marriage." (Carter & Shaw, 2006, pg 65).
We know our subjects' mindset is entrepreneurial, that they have started with a small business, and have put it into running with economic viability. They have set short term (expansion of premises and staff) and long-term goals (countrywide expansion), and are working only with the product with which they have gained experience. Thus, they seem to understand the nature and implications of business ownership. That they are receiving conflicting opinions from "business associates" does not rule out the possibility of having accountants or lawyers as business associates. The abundance of contested litigation in the country is proof enough that professionals quite often, and with regularity, hold differing opinions upon the same issues. Thus, what remains is to assess the non-financial capital of Peggy and Nancy before choosing the business structure appropriate to their situation and for their needs. Their cast is of typical woman entrepreneurs (Carter & Shaw, 2006) as their choice business of a fruit juice bar and choice of structure as a partnership shows a low level of overall capitalization at start-up. including low requirements for (a) start-up and ongoing funding (financial capital); (b) attributes and skills (human capital); (c) tangible assets including facilities and equipment (physical capital); (d) organizational relationships, structures, routines, culture and knowledge (organizational capital); (e) technological knowledge or process based skills and experience (technological capital); and (f) relationships and network, social, professional, political, etc. (social capital). Their business is dependent upon personal clients rather than corporate clients, and they have no previous ...Download file to see next pagesRead More
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