Instead of working in a larger group to create a design studio based upon for example; branding, logo's ect. Myself and Rebecca Kelly as working together to create our own smaller business. We have similar interests both in and outside of the graphic design discipline and therefore working together would be straight forward and rewarding for both parts. We initially started with researching together and gaining a further understanding of the legalities of setting up our own business.
The initial questions that we looked at together were:
Rebecca already had some form of understanding these terms due to completing business related courses at college. However I also researched these myself to have my own understanding on the different ways to have a business.
Partnership:
'A partnership is commonly formed where two or more people wish to come to together to form a business.'
http://blog.thecompanywarehouse.co.uk/2010/03/01/advantages-and-disadvantages-of-partnership/
Advantages of Partnership
- Capital – Due to the nature of the business, the partners will fund the business with start up capital. This means that the more partners there are, the more money they can put into the business, which will allow better flexibility and more potential for growth. It also means more potential profit, which will be equally shared between the partners.
- Flexibility – A partnership is generally easier to form, manage and run. They are less strictly regulated than companies, in terms of the laws governing the formation and because the partners have the only say in the way the business is run (without interference by shareholders) they are far more flexible in terms of management, as long as all the partners can agree.
- Shared Responsibility – Partners can share the responsibility of the running of the business. This will allow them to make the most of their abilities. Rather than splitting the management and taking an equal share of each business task, they might well split the work according to their skills. So if one partner is good with figures, they might deal with the book keeping and accounts, while the other partner might have a flare for sales and therefore be the main sales person for the business.
- Decision Making – Partners share the decision making and can help each other out when they need to. More partners means more brains that can be picked for business ideas and for the solving of problems that the business encounters.
Disadvantages of Partnership
- Disagreements – One of the most obvious disadvantages of partnership is the danger of disagreements between the partners. Obviously people are likely to have different ideas on how the business should be run, who should be doing what and what the best interests of the business are. This can lead to disagreements and disputes which might not only harm the business, but also the relationship of those involved. This is why it is always advisable to draft a deed of partnership during the formation period to ensure that everyone is aware of what procedures will be in place in case of disagreement and what will happen if the partnership is dissolved.
- Agreement – Because the partnership is jointly run, it is necessary that all the partners agree with things that are being done. This means that in some circumstances there are less freedoms with regards to the management of the business. Especially compared to sole traders. However, there is still more flexibility than with limited companies where the directors must bow to the will of the members (shareholders).
- Liability – Ordinary Partnerships are subject to unlimited liability, which means that each of the partners shares the liability and financial risks of the business. Which can be off putting for some people. This can be countered by the formation of a limited liability partnership, which benefits from the advantages of limited liability granted to limited companies, while still taking advantage of the flexibility of the partnership model.
- Taxation – One of the major disadvantages of partnership, taxation laws mean that partners must pay tax in the same way as sole traders, each submitting a Self Assessment tax return each year. They are also required to register as self employed with HM Revenue & Customs. The current laws mean that if the partnership (and the partners) bring in more than a certain level, then they are subject to greater levels of personal taxation than they would be in a limited company. This means that in most cases setting up a limited company would be more beneficial as the taxation laws are more favourable (see our article on the Advantages and Disadvantages of a Limited Company).
- Profit Sharing – Partners share the profits equally. This can lead to inconsistency where one or more partners aren’t putting a fair share of effort into the running or management of the business, but still reaping the rewards.
http://blog.thecompanywarehouse.co.uk/2010/03/01/advantages-and-disadvantages-of-partnership/
As we will be setting up a smaller business a partnership seems like the best option because it is easier to set up than a limited company or LLC. There disadvantages of running a partnership are based upon your relationship with the person and disagreements but also in the taxation as paperwork must be completed. However if in time we were to make a profit with a larger amount it could be possible to think about using a different acton plan such as a LLP.
Limited liability partnerships (LLPs)
The partners in an LLP aren’t personally liable for debts the business can’t pay - their liability is limited to the amount of money they invest in the business.
Partners’ responsibilities and share of the profits are set out in an LLPagreement. ‘Designated members’ have extra responsibilities.
Every year, the partnership must send a partnership Self Assessment tax return to HM Revenue and Customs (HMRC).
All the partners must:
send a personal Self Assessment tax return every year
pay Income Tax on their share of the partnership’s profits
You must also register the partnership for VAT if you expect your business’s takings to be more than £81,000 a year.
https://www.gov.uk/business-legal-structures/limited-partnership-and-limited-liability-partnership
Limited company? or Limited Liability Company?
Limited company
A limited company is an organisation that you can set up to run your business - it’s responsible in its own right for everything it does and its finances are separate to your personal finances.
Any profit it makes is owned by the company, after it pays Corporation Tax. The company can then share its profits.
https://www.gov.uk/business-legal-structures/limited-company
Limited Liability Company:
A corporate structure whereby the members of the company cannot be held personally liable for the company's debts or liabilities.
Although LLCs have some attractive features, they also have a number of disadvantages, especially in relation to the structure of a corporation. A LLC has to be dissolved upon the death or bankruptcy of a member, unlike a corporation, which can exist in perpetuity. Also, a LLC may not be a suitable option when the objective of the founder is to eventually become a publicly listed company.
http://www.investopedia.com/terms/l/llc.asp
A limited company has its advantages because it ensures that the company is completely separate to your own assets. This therefore means that any debt is not linked to yourself. However there are also disadvantages as this type of business plan states you must earn 25,000 per year. However as our business will be starting from nothing it would be more effective to initially start with a partnership as most businesses can fail in their first year. What is relevant with types of business plans is that it is costly to run and ensure and as we will be a small business this might not be the most effective plan.
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