Choosing The Legal Form of Your Business
Choosing The Legal Form of Your Business
LAS N0. 2:
FOURTH QUARTER: WEEK NO. 3-4
HOW TO PREPARE THE MARKETING PLAN, PRODUCTION PLAN,
ORGANIZATIONAL PLAN AND FINANCIAL PLAN
I.LEARNING SKILLS
A. Most Essential Learning Competency
LO: 1. Identify the various legal forms of a business enterprise and their respective
advantages and disadvantages;
2. Identify the various government agencies that register business enterprises
as well as their basic procedural and paper requirements; and,
3. Enumerate the benefits which a small business person will derive from
registering his business.
A business first exits in your mind as an idea. As the idea is developed and is put down
in writing, it becomes a plan. As you gather materials, machines, and staff, you begin to make
your plan a reality. And when you register it, you make it a legal entity, with appropriate rights
and responsibilities.
A business first exits in your mind as an idea. As the idea is developed and is put down
in writing, it becomes a plan. As you gather materials, machines, and staff, you begin to make
your plan a reality. And when you register it, you make it a legal entity, with appropriate rights
and responsibilities.
1. Sole Proprietorship. A sole proprietorship is a business unit owned and managed by only
one person. It is the simplest and most common form.
Most small businesses start as sole proprietorships. You, as the sole proprietor, own all
the assets. You make all the decisions.
You take all the profits and assume all the liabilities. Because of this, your income from
the business is taxed as personal income. In the event of death, the business and all its
assets may be passed on to another person by virtue of a will.
2. Partnership. When two more people own the business, it is called a partnership.
Partnerships are formed for several reasons. The most common reason is to pool or
combine funds. Another reason would be to share responsibilities where the business
planned is more than what one person can handle. Equal partners share the initial
investment equally and each has the same amount of control over the business as the
other.
A business partnership requires compatible personalities. This means that if you are
looking for a business partner, you should pick one whom you can get along with.
Business partners share responsibilities and authority in running the business. But one
partner may choose to refer to the other certain aspects of the business.
The property invested by a partner into the business becomes the property of both
partners. In effect, the property is no longer his own personal property.
A partnership‟s lifespan is quite unpredictable. It may be dissolved as a result of any of
a variety of causes that could hardly be predetermined.
A partnership contract is required to be registered with the Securities and Exchange
Commission (SEC).
3. Corporation. A corporation is a legal person. It is a legal person because it can do most
business acts that a natural person can do. As a separate legal person, the corporation may
enter into contracts, may sue and be sued, and buy shares in other corporations.
You may organize a corporation for business and other purposes with four or more
other persons, provided most of you are residents of the Philippines. Your agreement,
known as the Articles of Incorporation, must be duly acknowledged and executed before
a notary public and filed with the SEC.
The ownership of a corporation is divided into units known as shares of stocks. The
buyers of these stocks, called stockholders, are the owners of the business.
The advantage of incorporating is limited personal liability. Unpaid taxes and debts are
not collected from the owners if the corporation is unable to pay. Another advantage is
the ability to capitalize the venture by sales of stock shares.
By their very nature, underground enterprises get away with paying no taxes and paying
their workers lower than the legislated minimum wage rates. In a sense, they are free form
government intervention and control. But in another sense, they are prone to harassment by
law enforcers and government controlled bodies.
To be credible as a businessman, you need to issue official receipts that have been
registered with the Bureau in Internal Revenue. Remember, too, that only legal enterprises can
avail of most of the financing, marketing, technical, and other incentives the government makes
available especially to small enterprises. The complexity of registration varies according to the
legal form of the business. A sole proprietorship is the easiest to register while a corporation
requires the most elaborate procedures.
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ANSWER SHEET
ENTREPRENEURSHIP 9
FOURTH QUARTER: LAS N0. 2 -WEEK NO. 3-4
HOW TO PREPARE THE MARKETING PLAN, PRODUCTION PLAN,
ORGANIZATIONAL PLAN AND FINANCIAL PLAN
Name:_______________________________________________ Score _______________
Grade & Section:_______________________________________ Date: ________________
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Students’ Signature Over Printed Name Parent’s Signature Over Printed Name