Q1: What are the important privileges available to a private company?
Ans: When a business is formed as a private corporation, it has several advantages and exemptions that are not accessible to public companies. Some of the main benefits that a private corporation has are as follows:
Q2: With a notable example, explain mutual agency in partnership.
Ans: Mutual agency refers to the legal connection between participants in a partnership who have authorization powers and the authority to engage the collaboration in business contracts. In another way, each partnership member has the authority to make business choices that commit or bind the entire partnership to a commercial contract with a third party or entity. For example, even if the partnership agreement prohibits it, a grocery store partner who acquires a delivery truck in the partnership’s name enters a legally enforceable transaction. On the other hand, such behaviour would be unlawful if a law firm partner purchased a snowmobile for the firm.
Q3: What is meant by “partner by estoppel”? Explain.
Ans: A person who shows others that they are a company partner via their actions, behaviour, or statements, is referred to as Partner by estoppel. Such a person is not a partner, and they are not responsible for providing any cash to the company, nor are they accountable for any portion of the company’s profit or loss. The same individual, however, may be held accountable for the firm’s debts. Hence, as a result, if the Business has adequate assets or finances, debt repayment can be obtained by selling off the partner’s private assets via estoppel.
Q4: What exactly is HUF?
Ans: Although the Income Tax Act does not define the Hindu Undivided Family (HUF), it is recognised under Hindu law. Unmarried daughters are included in the HUF, as are all those who are lineally settled from the same ancestor. A person does not create HUF but by a family’s standing, i.e., it is created automatically in any Hindu household.
Q5: Even though there are limitations of size and resources, several people continue to prefer sole proprietorship compared to other forms of organisation? Why?
Ans: Due to the numerous sheer benefits, it provides despite the size and resource limits. The sole proprietorship is the company’s form of choice. The following are some of the advantages:
Q6: Why do some consider partnership a relatively unpopular form of business ownership? Explain the merits and limitations of partnership.
Ans: A partnership is viewed as a relatively unattractive sort of company ownership due to the inherent limitations that come with it. These limits include infinite responsibility, limited resources, the possibility of conflict, and a lack of consistency.
Limitations of business partnership:
Q7: How does a cooperative society exemplify democracy and secularism? Explain.
Ans: A cooperative society is run by persons chosen by all members through a democratic process. Each member has an equal right to vote, regardless of the amount of money they have invested. As a result, it functions as a democracy in which all members are treated equally and have similar rights. Members are not discriminated against because of their caste, religion, or gender. People of the management committee can select the members they believe best represent them. As a result, it denotes secularism.
Q8: What does it mean to have unlimited liability?
Ans: General partners and sole proprietors with unlimited liability are jointly and severally liable for the company’s debts and obligations. However, this obligation is not limited and can be paid off by seizing the owners’ assets, distinguishing it from limited liability partnerships.
Q9: Compare the status of a minor in a Hindu joint family business with that in a partnership firm.
Ans: A person under 18 is considered a minor in Indian law. By being born into a Joint Hindu household, a minor becomes a member of the family company. Like other family members, the minor has equal ownership and rights to the property and company. However, his obligation is limited to his part of the property.
As per the Indian Partnership Act of 1932, a minor cannot become a partner in a partnership business. However, if all partners agree, a minor can be initiated and partake in a firm’s profits. Still, a minor does not need to contribute capital or carry any obligation if the Business supports the firm. Therefore, minors aren’t regarded as partners. However, once they reach the age of 18, they have the option of continuing the relationship or terminating it.
Q1: In what form of Business do individuals associate freely for profit, with capital dividends into transferable shares, and ownership of which is a requirement of membership? Explain in terms of characteristics.
Ans: A joint-stock company is a non-profit organisation formed by a group of people to do profitable economic activities. It has a legal status distinct from its members and a capital structure separated into transferable shares. A corporation is an independent legal entity with its legal identity, perpetual succession, and a common seal. In a corporation, the shareholders are the company’s owners, and the Board of Directors, which the shareholders elect, is the company’s central management body.
The company’s capital is divided into smaller components known as “shares,” which can be freely transferred from one shareholder to the next (except in a private company). A joint-stock firm has the following characteristics:
Q2: Which business model is best for the following businesses, and why?
Ans: The suitable business model for the businesses as mentioned earlier would be:
Q3: Who has equal ownership rights to an ancestor’s property? Emphasise its most important aspects
Ans: A Joint Hindu Family is a form of business owned and operated by members of the Hindu Undivided Family (HUF). The company’s membership is based on birth in a specific family, and three generations of the same family can be members. The family’s business is run by the eldest member of the family, known as Karta. Joint Hindu Family Business members with equal ownership rights over an ancestor’s property are known as coparceners.
A combined Hindu family company has the following characteristics:
Q4: Why is it important to choose an appropriate form of organisation? Discuss the factors that determine the choice of form of organisation.
Ans: Choosing an appropriate business organisation is necessary since it is one of the most important decisions to make when beginning a business or expanding an existing one. A business can be owned and run in several ways. It’s challenging to modify a company model after it’s been decided. As a result, the type of business company chosen should be done with care and consideration.
The following factors influence organisational structure selection:
Q5: What are the reasons for the formation of cooperative forms of organisation? Describe the different sorts of cooperative societies.
Ans: A cooperative society is a collection of individuals who get together voluntarily for the common welfare of its members. They are motivated by a desire to defend their economic interests from potential exploitation by intermediaries looking to increase their profits. The process of founding a cooperative organisation is simple, and all that is necessary is the agreement of at least ten adults. A society’s capital is raised by selling shares to its members. An organisation acquires a distinct legal character when it is registered.
One sort of cooperative society is the consumer cooperative society.
Producer Cooperative Societies are a specific sort of producer cooperative society.
Cooperative Societies Marketing-this organisation was established to help small manufacturers market their products.
Farmers’ Cooperative Societies were formed to protect farmers’ interests by providing high-quality inputs at a reasonable price.
Cooperative Financing Societies were established to give members timely credit at reasonable rates.
A cooperative housing organisation is a sort of Cooperative Housing Societies.
Q6: If registration is optional, why do partnership firms willingly go through this legal formality and register themselves? Explain.
Ans: Although partnership business registration is optional, many firms choose to do so. This is owing to the severe legal consequences of failing to register. Listed below are a few examples:
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1. What are the different forms of business organization? |
2. What are the advantages of a sole proprietorship? |
3. How does a partnership differ from a corporation? |
4. What is a limited liability company (LLC) and its benefits? |
5. What factors should one consider when choosing a form of business organization? |
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