Professor Dyanoosh Youssefi BLAW150 Chapter 7: Forms of Carrying on a Business
Sole Proprietorship Partnership- General Partnership-Limited Partnership-Limited Liability
Def- method of One person owns and Two or more persons operate Two or more persons own a business, Partners in a limited liability
carrying on operates the business, with and own a business that is not with at least one being a general relationship- in certain professions
business no legal separation registered with the government partner, and one being a limited only (accountants, lawyers)
between the owner and the as a limited liability or limited partner. Lt’d partner provides
business partnership, with no separation $/property (not services), but does not
between the owners and the participate in business affairs,
business operations, decision-making; shares
profit
Key features/ A general partnership, like other
Legal kind of partnerships, is not an
Characteristics A sole proprietorship has independent legal entity. It
no legal existence apart cannot, therefore, enter into
from its owner. It is legally binding contracts or
therefore cannot, on its protect its owners from legal
own, sue another individual liabilities for injuries (physical or
or business, nor can it be financial) caused by the firm.
sued on its own.
Relevant Law
Creation/ A sole proprietorship is It is created when two or more
Name created as soon as individuals come together to run
Registration someone opens a business an unincorporated business. The
that interacts with public. If name of a general partnership is
he/she wishes to use a often simply the combined
name for her business names of the individual
other than her own name, partners.
he/she must register that
name under the Business
Names Act in Ontario (or
similar legislation in other
provinces.)
Conducting In most cases, sole In this, all partners are equal
business/ proprietorships are small (subject, of course, to the terms
operations businesses with few or no of any partnership agreement).
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employees. They usually Each partner has equal power
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operate from a single and equal responsibility.
location and offer a limited Depending on the size of the
Professor Dyanoosh Youssefi BLAW150 Chapter 7: Forms of Carrying on a Business
number of products or partnership-some can become
services. Many Internet- huge enterprises-decisions
based business are sole about the day-to-day operations
proprietorships. Also, A of the firm may be made by all
sole proprietor runs their the partners or by a small group
business on their own or of partners specifically chosen
with the help of friends or to make these decisions.
family members who may
or may not be formally
paid.
Complexity,
cost
Tax The Canada Revenue
implications Agency treats a sole
proprietorship as a source
of income for its owner.
Any profit (income minus
legitimate expenses) the
business earns is added to
any of owner’s other
income. Also, business
losses can be set off against
her income from other
sources in order to reduce
tax.
Liability
The main disadvantage of
choosing to operate a
business as a sole
proprietorship is the legal
liability of the owner.
Because owner and
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business are one in the
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eyes of the law.
Professor Dyanoosh Youssefi BLAW150 Chapter 7: Forms of Carrying on a Business
Corporation-Private Corporation- Public Co-operative
Def- method of A legal entity that is distinct from its A legal entity that is distinct from its A legal entity owned by members, who may
carrying on creators and owners, has the rights of an creators and owners, has the rights of an be people who use the co-op services and/or
business individual (a “person”) individual (a “person”)- Some or all shares work there, primary focus on some shared
Shares are privately-owned are issued for public sale objective or value
Key features/
Legal
Characteristics
Relevant Law
Creation/ Name
registration
Conducting
business
Complexity,
cost
Tax
implications
Liability
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Professor Dyanoosh Youssefi BLAW150 Chapter 7: Forms of Carrying on a Business
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