Profit Distribution
· Sole Trader
- all profits go to the owner.
· Partnership of Three
- profits are shared amongst the partners. In many circumstances this is done via a preset formula from a partnership agreement. If there is no partnership agreement, it is at the discretion of the partners, as to how the profits are distributed. If the partners can’t agree (and there is no partnership agreement) then they can seek arbitration to enable a decision to be made.
Fund Raising Differences
There are some similarities as to how each business entity can raise funds.
For example – use the Personal Resources of the owner(s) or Debt Finance
(Bank bills, Overdrafts, Bridging Finance or Term Loans [secured by debenture,
fixed or floating charges]). The major difference in this type of fund raising,
is that more people will have more property to act as security, and therefore
have the potential to borrow more. Thus a sole trader will probably not have
as much borrowing power as several people in a partnership. A company that
has many owners will also be able to access more funds than one with a sole
shareholder– however due to the limited liability of a PTY LTD company,
the directors or owners may have to give personal guarantees to secure a
loan.
There are some specific types of fund raising that are only able to be used by certain legal business entities.
· Companies & Partnerships
- Take on additional private owners/partners as investors in the business (this may be in the form of equity financing or venture capital). [By the nature of a sole trader, they are unable to share ownership – unless they change their business structure.]
· Companies
- Can sell shares (up to 50 shareholders for PTY LTD & no activity requiring a prospectus)
Partnerships involving Minors
Minors (under the age of 18) are able to make “voidable” certain
contracts that they enter. In the case of a partnership they may “repudiate” the
partnership. In this situation they can not be held liable for any debts or
liabilities of the business. There are time constraints and activity tests
on this ability to “repudiate”.
A repudiating minor –
· can not recover funds they placed into the partnership prior to repudiation,
· and if they have been active in the partnership, or a reasonable amount of time has passed – then they are also liable for the debts (and other obligations) up until the date of repudiation.
Dissolving a Partnership
Partnerships can be dissolved by; expiration of time/activity/notice, operation
of the law, illegality and court order.
· Expiration of Time/Activity/Notice
- The partnership had been formed for a specific amount of time (eg 2 years) or to end on a specific date (eg 31st December 2001).
- The partnership had been formed to do a specific activity, (once this is completed the partnership ends).
- Notice by one of the partners to terminate the partnership - either immediately (when the notice is given) or on a set future date.
· Operation of the Law
- Death,
- Bankruptcy (there may be a prior agreement to do something else in either of these circumstances, however the estate may ask a court to over turn this).
Registering a Business Name
You must register a business name if you are conducting business and–
· you are a sole trader/partnership AND you don’t want to use your personal name,
· or, you are company BUT NOT a registered company (corporation),
To register your business name you must–
· ensure it doesn’t contain any words not allowed to be registered (ie – it isn’t offensive and doesn’t imply any connection with any level of government including royalty).
· check its availability (with ASIC through their National Names Index or the Registrar of Business Names/Dept. of Fair Trading).
· Apply for registration with the department of Fair Trading. (The form will require not only the requested name, but also the nature of the business, the place business will be conducted, commencement date and the details for each person involved in the business).
Environmental Concerns
· Temperature & Air Conditioning - should be set between 20-26 degrees.
· Humidity - optimum shopuld be 40-60%.
· Ventilation - the rate of fresh air input should be between 0.1-0.2 metres per second.
· Contaminated Air - there must be an effective air filtration system, and all evironmental systems must be well maitained.
· Smoking - it is suggested to implement a non-smoking policy indoors.
· Ozone - is produced by laser printers and photocopiers, to ensure minimum levels these devices hsopuld be stored in areas with good ventilation and must be serviced regularly.
· Plants in the Office - Suggested types; Madagascar dragon tree, madonna lily or heart leaf.
· Lighting - the workstation areas should have 600lux of light - in the form of an independant desk lamp, and the entire office should be lit to 400lux from ceiling mounted lights. All lights should have a cleaning program set up at 6-12 monthly intervals. To avoid reflections furnishings should be placed so that light falls form the side, rather than the front. Ensure glare is minimised by adequately shielding the lights. Ensure that the workstation areas have no glare.(You may need filters for the screens.)
· Colour - The office should be painted with a white ceiling (to ensure light reflectiveness), light cool colours on the walls near windows (gloss or semi-gloss) to produce 50-75% reflection and medium colours on walls away from windows, reducing reflection to 20-50%. The floor should be dark and reflect less than 20% light. Some break in monotony may be provided by hanging pictures on the walls.
· Floor Space Allocation - each workstation should be set up with around 6.25 square meters of personal space (including desk and chair, but excluding walkways). The genral office size should allow 10 square metres of total space (including walkways) per person that regularly uses the office.
Safety in the Office
Office Design (Key points)
· Keep walkways clear & clean of obsticles.
· Floors should be level, don't use mats.
· Clean up any spills immediately.
· Secure free standing fixtures to walls if they atre not stable.
· Ensure that storage and filing cabinets do not open into walkways. And ensure that only one drawer is opened at a time.
· Keep all office machines in good working order.
· All automated
feeding equipment (eg stable guns) should be kept in a secure location, and
any staff using them should be trained.
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