Chapter 6 Setting Up A Business
Chapter 6 Setting Up A Business
CONTENTS PAGE
1131
6.1 LEARNING OUTCOMES
6.10 SUMMARY
1157
6.11 SELF-ASSESSMENT
1158
6.12 SUGGESTED SOLUTIONS TO THE SELF-ASSESSMENT QUESTIONS
6.1 LEARNING OUTCOMES
You will need to master the following key concepts to achieve the learning outcomes
for this chapter:
legal personality
limited and unlimited liability
limited and unlimited continuity
Registrar of Companies
full legal capacity
VAT
service levies
tax
employment contracts
1159
6.3 A MIND MAP FOR CHAPTER 6
* Marketing function
* Public relations function
* Information management function
* Financial function
* Human resources function * Sole proprietorship
* Purchasing function * Partnership
* Operations function * Close corporation
* General management function * Private company
SETTING UP OF
A BUSINESS
Establishment
Labour legislation
Legal requirements factors
Employment Commercial
Acts Manufacturing
contracts and service
enterprises
enterprises
6.4 OVERVIEW
So far in this module, you, as the potential entrepreneur, have learned several
important aspects, such as the following:
how to analyse yourself critically by determining your own strengths and
weaknesses?
how to turn a business idea into an opportunity for a new business?
how to test the feasibility and viability of the business idea?
how to draw up a business plan?
These activities all cover the idea and planning stages in creating an enterprise.
When we discussed the character of a business plan in chapter 5, we established
that a business plan is useless unless it is implemented. We have now reached the
implementation stage, the final stage in the creation of an enterprise. This is the
stage where the real action begins – where we have to put the idea into practice.
In chapter 6 we will discuss the practical factors to which the entrepreneur must pay
attention in setting up a business. We are going to explain the different forms of
enterprise that you can choose from and we will discuss the duties and legal
requirements you have to comply with before you can start the enterprise. We are
also going to discuss the labour legislation briefly, as well as the establishment
factors that you have to consider before you decide on the location of your
enterprise. Finally, we are going to explain how the eight functions of the enterprise
should be implemented so that your enterprise can function as a unit.
Although there are various forms of enterprise, we are only going to concentrate on
those that are applicable to small businesses.
6.5.1.2 Partnership
A partnership is formed by two to twenty partners. The name of the enterprise
must end with “& Co”. A partnership agreement is formed by means of a written or
verbal agreement between the partners and a partnership is quite simple to
establish. The partners are responsible for supplying the capital and managing the
enterprise.
Activity
Using a table, indicates the characteristics, can you identify the factors that
influence the choice of a form of enterprise?
Feedback
When choosing a form of enterprise, the entrepreneur has to keep the following
factors in mind:
It should be noted that reservations business/company names are only valid for 30
days and only valid reservations are accepted for business/company registrations. If
more than 30 days have elapsed, the business/company must be reserved again
through the process listed above.
6.5.4.2 Partnership
Establishment procedures of a partnership entail only a few legal requirements, such
as obtaining a trading licence. A partnership agreement, in the form of a written or
verbal agreement, must be formed.
Activity
Can you simply start your enterprise after choosing a suitable form of enterprise?
Feedback
No, unfortunately not. There are still quite a few duties and legal
requirements which you have to meet before you can start your enterprise.
The duties and legal requirements that apply to all forms of enterprise include the
following:
full legal capacity
the type of economic activity
naming the business
registration of patents, trade marks and designs
testing of products
licensing
registration with the Botswana Unified Revenue Service (BURS)
(previously called the Receiver of Revenue) as an employer, a taxpayer
and for VAT
registration with the Unemployment Insurance Fund
registration with the Compensation Commissioner (previously called the
Workmen’s Compensation Commissioner)
registration with local authorities
registration with the Department of Trade and Industry
general industrial and commercial legislation
Labour legislation balances the power between employers and employees and is intended
protect both parties in the employment relationship.
to
Activity
Which type of contract would you use when you appoint your employees?
6.7.2 Acts
There are many factors that play a role in identifying a suitable location or place of
establishment for the enterprise. The location of your enterprise will have a huge
influence on your sales and your ability to compete with other enterprises.
Activity
Feedback
The market
The enterprise must be visible and near the target market.
Accessibility
It must be easy for the consumers to reach the enterprise.
Cumulative attraction
Other shops in the area, especially shopping centres, attract consumers.
1194
Growth potential
The growth potential of the area where the enterprise plans to establish is important.
For example, a newly developed residential area implies that further development
can be expected.
Suitability of premises
Factors such as sufficient parking space, the availability of water, electricity and
public transport, and the cost of rent must be considered.
Interception of consumers
Consumers must be intercepted on their way to their traditional place of purchase.
Raw materials
The enterprise must be near the source of raw materials to save transport costs.
Labour
The availability, skills and cost of labour are important.
Transport
Infrastructure, reliability and cost of transport must be considered, such as the
availability of roads, rail, airports and harbours.
Activity
In chapter 2 we briefly discussed the eight functions of the enterprise. Can you still
remember them?
In this section we are going to explain the functions in more detail and we are going
to concentrate on how the functions must be implemented during the setting up of
the enterprise. Although we are going to discuss these functions separately, there is
a degree of overlap between them. It is extremely important to remember that all
these functions occur in every enterprise, regardless of the size of the enterprise.
There should be constant interaction between these functions to enable the
enterprise to function as a unit or a system.
Definition
In chapter 2 we discussed the rights of consumers. Can you still remember them?
Activity
Feedback
Product
Price
The elements of the
marketing strategy
Distribution
Marketing communication
1224c) Distribution
Distribution entails the physical transfer of the products or services to the
consumers, or the way in which your products or services will reach the market. If
you sell the products or services directly to the consumers, you will use a direct
distribution channel. If you use wholesalers, retailers or agents to sell your products
to the consumers, you will use an indirect distribution channel.
1226
1227d) Marketing communication
This entails the methods that you are going to use to make the consumers aware
of your products or services. It is extremely important to keep the type of product
or service, the size of the enterprise and the location of the target market in mind
when you decide which method or element of marketing communication you are
going to use. Marketing communication consists of four elements, namely
advertising, sales promotions, personal sales and publicity.
1229Advertising
This includes the use of pamphlets, radio and newspaper advertisements, as
well as advertisements on billboards.
1231
Sales promotions
1232These include special offers, discounts, gifts and trade-ins.
1233
Personal sales
These include the use of sales staff such as tele-sales, door-to-door sales and
catalogues.
1235Publicity
1236This includes sponsorships, donations and articles in newspapers or
magazines.
Definition
Definition
y a system for keeping record of turnover and profit for tax purposes and levies
to local authorities
Definition
Definition
Steps to plan your staff requirements and to ensure the right appointments:
Draw up a list of all the tasks that must be performed in the enterprise.
Compile a job description by grouping the tasks so that tasks that can be
performed by a specific person can be combined.
Compile a job specification by determining what qualifications and skills the
person must have to perform the tasks.
Recruit the right people. Since you do not have any employees yet, you will
have to use external recruitment sources, such as placing advertisements, using
recruitment agencies or approaching training institutions.
From the applicants, you then have to select the best candidate.
An employment contract must be signed and a written job description must be
given to the new employee.
The training and development needs of the employees must be addressed
regularly.
6.9.6 The purchasing function
Definition
In chapter 4 we explained how to calculate the cost per unit for the different types of
enterprises and how the cost per unit influences the selling price and profit of the
enterprise. The price of production means, such as raw materials or stock, plays an
extremely important role in the profitability of the enterprise. Therefore, it is of the
utmost importance that from the start, you find the right supplier that can deliver the
right quality production means at the right price.
Definition
1247
Definition
As an entrepreneur, you will act as the manager of your enterprise. You will thus be
responsible for the planning, organising, leading and control of all the activities of the
enterprise.
i. Planning: Planning involves formulating objectives for the enterprise and
working out a systematic plan to achieve these objectives. Management
should determine in advance what the enterprise wants to achieve and how
these objectives can be attained.
iv. Control: Control means determining realistic standards against which the
actual performance of the employees and the enterprise can be measured, so
that deviations can be identified and corrective steps can be taken. The
manager ensures that employees carry out instructions according to plan so
that the objectives of the enterprise can be achieved.
6.10 SUMMARY
The setting-up and establishment factors are not equal for all businesses. It is vital that
you, as the entrepreneur, realise this important fact in order to determine which factors
are critical for the success of your enterprise. The emphasis of the enterprise often
shifts, and growth makes different demands on the enterprise. Where you may have
started with few or no staff, you have to appoint more staff members as the need
grows. You must take note of the critical success factors in the implementation stage
but must also be aware that the situation is not static. To ensure competitiveness and
survival, provision for change must be made in time.
We have now covered all the stages in the creation of an enterprise. We trust that you
have learned how to come up with creative ideas, how to test the feasibility and viability
of your idea, how to compile a business plan and how to implement your idea into a
real enterprise.
.
6.11 SELF-ASSESSMENT
To test and assess your knowledge of this chapter, Complete the self-
assessment questions on chapter 2 below. Remember: The only way you can test
your knowledge is by answering the questions.
Read the case study below and answer all the questions that follow.
Oudtshoorn is a town in the Little Karoo that is well known for its ostrich farms.
Freddy Fredericks was the owner of a small sole proprietorship that manufactured
purses and handbags from ostrich leather. Freddy bought the leather from a local
tannery, manufactured the products with the help of his two employees, Tom and
Jerry, and sold them to local shops and hawkers. Freddy experienced a serious cash
flow problem, because he sold his products on credit to the local shops, while he had
to pay his supplier in cash. To make matters worse, the price of leather also
increased due to a drought in the area and the outbreak of bird flu. His sales figures
started to show a drastic decline, as he had to compete with several bigger
enterprises that manufactured the same types of products in bulk at lower costs, and
therefore could afford to sell them at lower prices. Freddy decided to retire and
asked his son, Leon, to take over the business.
1262
Leon took over the business, realising that the business would not survive unless he
made some drastic changes. He decided to involve six of his friends in the enterprise
to accumulate more capital and expertise. The new owners registered the enterprise,
Leather for Africa, as a private company with Leon as the director. Leon invested
R40 000 of his savings in the business and his friends each contributed R10 000.
However, they still had to apply for financing of R150 000 to purchase more
industrial sewing machines, cutters, workbenches and office equipment.
1263
The new owners decided to add more products to the existing range. They included
a bigger variety of purses and handbags, as well as belts, cellphone covers, book
covers and attaché cases of various shapes and sizes for men and women. They
also decided to rent a larger factory in an industrial area to increase the capacity of
the enterprise. They employed more staff to manufacture the products and Tom and
Jerry were promoted to supervisors of the manufacturing division. Heidi was
appointed to handle the administration of the new enterprise.
1264
Leon and the other owners realised that they would not survive if they concentrated
only on the local market and tourists. They decided to launch a marketing campaign,
starting off with personal visits to owners of clothing shops in George and Mossel
Bay, showing them samples of their products. Three of these shop owners agreed to
sell the products. Leather for Africa also advertised their products in a regional
newspaper, offering to sell them to the public on an order basis.
1265
Leather for Africa could now also afford to sell their products at more competitive
prices. Since they were now buying the leather in bulk, they qualified for discount
prices. The supplier also agreed to sell the leather on credit to them, which resulted
in a tremendous difference in their cash flow figures.
1266
MULTIPLE-CHOICE QUESTIONS
12681. One of the factors that Leon and the other owners had to keep in mind
when they had to choose a form of enterprise is legal personality. They
decided to register the enterprise as a private company, which means that
Leather for Africa …
1269 a) can exist independently of Leon and the other shareholders.
1270 b) cannot exist independently of Leon and the other shareholders.
1271 c) can act in its own name. 1272
1272 d) can own its own assets.
1273
12782. Because Leon and the other owners have registered the enterprise as a
private company, their liability would be …
1279 1) unlimited, which means that they could lose their private assets if the
enterprise goes bankrupt.
1280 2) limited to their own personal debts.
1281 3) limited to the debts of the enterprise.
1282 4) limited to the capital they have invested in the enterprise.
1283
12833. Leon and the other owners also had to keep the continuity of the
enterprise in mind. Leather for Africa would …
1284 1) have limited continuity.
1285 2) have an indefinite lifespan.
1286 3) cease to exist if one of the shareholders withdrew from the enterprise.
4) cease to exist if they decided to involve more shareholders.
1287
12935. To be allowed to set up a business, Leon and the other owners should
have full legal capacity. This means that they ...
1294 1) may be insolvent.
1295 2) have to comply with the rules and regulations of the local authorities.
1296 3) may not be under judicial management.
1297 4) do not need to have the capacity to pay their bills.
1298
12986. Working with industrial sewing machines and cutters could be dangerous.
Therefore Leather for Africa had to take out insurance for their employees
before they could start to work. If an accident happens, the employees can
claim compensation from the …
1299 1) local authorities.
1300 2) South African Revenue Service.
1301 3) Unemployment Insurance Fund. 1302
1302 4) Compensation Commissioner.
1303
13037. The owners of Leather for Africa decided to rent a larger factory to
increase the capacity of the enterprise. The most important establishment
factors that Leather for Africa had to consider were …
1304 a) the availability of raw materials.
1305 b) the market.
1306 c) cumulative attraction. 1307
1307 d) energy and water.
1308
13189. Showing samples of their products to the clothing shops in George and
Mossel Bay and placing advertisements in the regional newspaper is the
responsibility of the … function of Leather for Africa.
1319 1) marketing
1320 2) public relations
1321 3) operations
1322 4) information management
1323
132310. Leather for Africa employed more staff to manufacture the products and
Tom and Jerry were promoted to supervisors of the manufacturing division.
The division of tasks forms part of the … element of the general
management function of Leather for Africa.
1324 1) planning
1325 2) organising
1326 3) leading
1327 4) control
1328
1. 4
1329Legal personality means that the enterprise is regarded as an entity on its own.
This implies that the enterprise exists independently of its owners and can act in its
own name. The assets and liabilities of the enterprise are completely separate from
those of the owners. Option b) is incorrect, as it refers to an enterprise without legal
personality.
1330
2. 4
1331If an enterprise has legal personality, the enterprise is liable for its own debts
and the owners can only lose the capital they have invested in the enterprise. Option
1 is incorrect, as this refers to an enterprise without legal personality. Option 2 is
incorrect, because the personal debts of the owners do not form part of the debts of
the enterprise. Option 3 is also incorrect – if the amount of debt exceeds the capital
contribution of the owners, their private assets cannot be attached to settle the debts
of the enterprise.
1332
3. 2
1333Because a private company has legal personality, its existence is not
dependent on its members. This means that a private company has unlimited
continuity or an indefinite lifespan. Options 1, 3 and 4 relate to an enterprise without
legal personality.
1334
4. 3
1335Options 1 and 4 are incorrect, because a private company is regarded as a
person on its own. The owners apply for a business loan in the name of the
enterprise, not in their personal capacity. Option 2 is incorrect, as a sole
proprietorship can only have one owner and the enterprise cannot exist
independently of its owner. This means that the prospect of financing is limited to
one person’s ability to accumulate capital.
1336
5. 3
1337Full legal capacity means that an insolvent person or a person under judicial
management may not start an enterprise. Therefore, options 1 and 4 are incorrect.
Option 2 is also incorrect, as this relates to registration with the local authorities.
1338
6. 4
1339Option 1 is incorrect, as this relates to the payment of service and turnover
levies to the local authorities. Option 2 is incorrect, as this relates to the fact that all
enterprises must register with SARS as taxpayers, as employers, as well as for VAT.
Option 3 is also incorrect, as this relates to the compensation of employees in the
lower income groups if they are dismissed or have to take maternity leave.
1340
7. 4
1341Leather for Africa is a manufacturing enterprise because they do not sell the
leather products directly to the consumers. They would therefore establish near the
source of raw materials (the local tannery) to save transport costs and they would
also need energy and water to manufacture their products. Options b) and c) relate
to establishment factors for commercial enterprises and they cannot be classified as
a commercial enterprise.
1342
8. 3
1343The purchasing function is responsible for buying production means of the right
quality, in the right quantities, at the right time, so that the operations function can
continue its activities without interruptions. The marketing function is responsible for
selling the products to the consumers, the public relations function is responsible for
improving the image of the enterprise and the information management function is
responsible for distributing information.
1344
9. 1
1345The marketing function is responsible for selling the products of the enterprise
and includes activities such as personal sales and advertising. The public relations
function is responsible for improving the image of the enterprise, the operations
function is responsible for transforming inputs into outputs and the information
management function is responsible for distributing information.
1346
10. 2
1347Organising entails the provision of capital, resources and labour, as well as the
division of tasks. Option 1 relates to setting objectives, option 3 relates to motivating
employees so that they will perform their tasks willingly and option 4 relates to
setting performance and quality standards and ensuring that employees comply with
these standards.