Business
and the law
Business and the law are entwined and is relevant when forming
a new business and subsequently.
The initial decision facing an entrepreneurial is to decide on
the structure of the business, which can be sole trader, partnership
or limited company. It is important to consider which option you
choose and to seek assistance in finalising your decision. The
chosen option will determine how you are taxed and the business
records, which are to be kept.
The following briefly outlines the pros and cons for each option:
Sole Trader:
Is easy to set up
Regulations are minimal
You are personally and totally responsible for all the
business debts and liabilities
There is not a requirement to file financial accounts to
the company office for public disclosure
It is possible to change the business structure to for
example, a limited company
Partnership:
As for a sole trader it is easy to set up
Responsibility is shared amongst the partners in the business
The expertise and experience of the partners may complement
each other
Liability is unlimited and partners may be personally responsible
for the business debts
It is advisable to prepare a partnership agreement detailing
share holding of the partners, division of profits and procedure
to be adopted in event of break-up
Limited Company:
It is considered a separate legal entity and ownership
is transferable by share ownership
Liabilities of the company are not the responsibility of
the directors
It needs to be set up by legal and fiscal formalities
Financial accounts and other information must be lodged
each year in the Companies Office in compliance with the Companies
Acts
After deciding the structure of the business and once you begin
trading there are further legal requirements covering employment,
health and safety, pollution control, revenue and a lot more.
One should seek professional advice to ensure compliance. |
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