head for success business studies – grade 12. term 3 topic 3b: forms of ownership

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HEAD FOR SUCCESS Business Studies – Grade 12

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Page 1: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

HEAD FOR SUCCESSBusiness Studies – Grade 12

Page 2: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

TERM 3Topic 3b: Forms of Ownership

Page 3: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

The following factors may contribute to the success of failure of a business:1. Capacity2. Taxation3. Management 4. Capital5. Division of profits 6. Legislation

Page 4: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

1. Capacity Refers to the size of a business, as well as to a

business’s ability to produce and expand. Depends largely on a business’s infrastructure

and number of employees.

Page 5: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

2. Taxation All businesses pay income tax. Tax is calculated on the amount of profit a business

makes – remember Profit = Income – Expenses. Sole proprietorships and partnerships do not pay

tax – owners pay tax in their personal capacity. VAT-registered businesses pay VAT. Close Corporations, private companies and public

companies also pay dividend tax. Sole proprietorships and partnerships are taxed at

different rates than Close Corporations, private companies and public companies.

Page 6: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS :

2. Taxation Different taxes apply to different businesses, including:

Income tax

• Known as Corporate Income Tax (CIT) and is payable by all businesses.

• Calculated on a business’s profit.• CCs and companies pay income tax at a flat rate of 28 %

Provisio-nal tax

• Not a type of tax, but a method of paying income tax.• Income tax is paid in at least two instalments, on estimated

taxable-income.• A final tax payment is made once financial statements are

completed.• Businesses, as well as individuals who earn income other

than salaries, for example rent income or business income (sole proprietorships and partnerships), pay provisional tax.

Page 7: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS

2. Taxation Different taxes apply to different businesses, including:

Value Added

Tax (VAT)

• Any business can register for VAT, including sole proprietorships and partnerships.

• Vat-registration is compulsory if a business’s turnover exceeds R1 million in an y consecutive twelve-month period.

• Vat payable = Output-VAT – Input-VAT.• Input-VAT is paid to suppliers when goods are bought.• Output-VAT is received when goods are sold.

Turnover tax

• A simplified tax-system for micro businesses, including sole proprietorships, partnership, CCs and companies with an annual turnover of less than R1 million.

• Replaces income tax, VAT, provisional tax, capital gains tax and dividend tax.

• Calculated on a business’s turnover (sales).

Page 8: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS

2. Taxation Different taxes apply to different businesses, including:

Capital Gains Tax

• Forms part of income tax.• Applies when assets are sold.

Dividend tax

• Charged at 15 %. Dividends are paid to shareholders and members.

Page 9: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

3. Management Sole proprietorships and partnerships are

owned and managed by the owners and partners.

Close Corporations are owned and managed by members.

Private and public companies are owned by shareholders and managed by directors.

The board of directors are elected by shareholders.

Page 10: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

4. Capital Capital requirements are determined by the size

of a business and the product the business manufactures.

Only public companies are allowed to raise capital by selling shares to the public on a stock-exchange.

The capital of all other forms of ownerships id limited to the contribution of: Sole trader: owner Partnership: partners Close Corporation: members Private companies: shareholders

Page 11: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

5. Division of profits The profit of a business belongs to the owner of

the business. Business owners then decide when to take profit

from the business, and when to leave the profit in the business for growth and expansion.

Business owners should guard against taking too much money form the business as this can impact negatively on business operations.

The profit of the CC belongs to the CC. It is distributed to the members in terms of the

CC’s association agreement.

Page 12: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

5. Division of profits Members must agree on when profit will be

distributed. Profit of companies is distributed to shareholders

according to the number and value of their shares. Particulars of dividend payments (e.g. the date) is

given in a company’s Memorandum of Incorporation (MoI).

Dividends are usually declared by directors when a company’s financial statements are announced.

This means that profit is shared among shareholders.

Page 13: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFACTORS THAT CONTRIBUTE TO THE SUCCESS OF FAILURE OF A BUSINESS:

6. Legislation Businesses must abide by the laws of a country. Some laws have been written specifically for

businesses, for example the Employment Equity Act.

Companies are governed by The Companies Act (Act No. 71 of 2008).

The Act provides meaningful information regarding the types of companies and the way companies are formed and operated.

No laws have been formulated for sole proprietorships or partnerships or partnerships in particular.

Page 14: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

1. Capacity Capacity

Sole proprietorship

Success • Owners of sole proprietorships are actively involved in producing and delivering goods and services.

• Owners often have good relations with clients to ensure ongoing orders and income.

Failure • Sole proprietorships are usually small businesses with limited infrastructure.

• Limited capacity to raise capital.• Limited capacity to produce and deliver large

orders.• Potential loss of income due to inability to produce

on a large scale.• Limited potential to expand.

Page 15: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

1. CapacityCapacity

Partnership

Success • Partners are actively involved in the production and delivery of goods and services.

• Partners often have good relations with clients to ensure ongoing orders and income.

Failure • Partnerships are usually smaller businesses with limited infrastructure.

• Greater capacity to raise capital than sole traders, but capacity to raise capital is still limited.

• Limited capacity to produce and deliver large orders due to lack of infrastructure, usually found in smaller businesses.

• Potential loss of income due to inability to produce on a large scale.

• Limited potential to expand.

Page 16: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

1. CapacityCapacity

Close

Corporation

Success • Members are actively involved in producing and delivering goods and services.

• Members often have good relations with clients to ensure ongoing orders and income.

Failure • Close Corporations are usually small businesses with limited infrastructure.

• Limited capacity to raise capital.• Limited capacity to produce and deliver large orders

due to lack of infrastructure, usually found in smaller businesses.

• Potential loss of income due to inability to produce on a large scale.

• Limited potential to expand.

Page 17: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

1. Capacity

Capacity

Private company

Success • The owners of small private companies are actively involved in running the business and producing goods and services.

• Large private companies employ many people and have a greater capacity to produce on a large scale.

• Large private companies have a greater capacity to raise capital than smaller businesses.

Failure • Some private companies are very small (a single owner), while other private companies are large with many employees.

• Small private companies have a limited capacity to raise capital and to produce on a large scale.

• Small private companies face a potential loss of income due to their inability to produce on a large scale.

Page 18: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

1. Capacity

Capacity

Public company

Success • Usually large businesses with infrastructure and employees to carry out large orders.

• Public companies usually have the ability to produce and to expand.

Failure • Very costly to maintain infrastructure and large employee base.

• Large amounts of capital required to start a public company.

• Large business operations required sufficient cash flow.

Page 19: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

2. Taxation

Taxation

Sole proprietorship

Success • Low earners pay lower tax-rates.• Small sole proprietorships have the option of paying

turnover tax, which is a simplified tax system and requires less paperwork.

Failure • he owners of sole proprietorships pay tax in their personal capacities.

• High earners are subject to high tax-rates.• Owners must keep money aside to pay tax – this can

put a sole trader’s cash flow under pressure.

Page 20: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

2. Taxation

Taxation

Partnership

Success • Low earners pay lower tax-rates.• Small partnerships have the option of paying turnover

tax, which is a simplified tax system and requires less paperwork.

Failure • The business does not pay tax – partners pay tax in their personal capacities.

• High earners are subject to high tax-rates.• Partners must keep money aside to pay tax – this can

put a partnership’s cash flow under pressure.

Page 21: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

2. Taxation

Taxation

Close

Corporation

Success • Input-VAT is claimed back from SARS.• Small CCs have the option of paying turnover tax,

which is a simplified tax system and requires less paperwork.

Failure • Tax-rate is high – this puts a business’s cash flow under pressure.

• A CC pays income tax at 28 % of the taxable income.• The profit (after tax) is distributed to members – the

CC then pays dividend tax of 15 % on the money distributed to members.

• VAT registered CCs also pay VAT.

Page 22: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

2. Taxation

Taxation

Private company

Success • Input-VAT is claimed back from SARS.

Failure • Tax rate is high – this can put a company’s cash flow under pressure.

• Companies pay tax at 28 % of taxable income.• The profit (after tax) is distributed to shareholders –

this is called dividends.• Companies pay dividend tax of 15 % on the dividends

distributed to shareholders.• VAT-registered companies also pay VAT

Page 23: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

2. Taxation

Taxation

Public company

Success • Input-VAT is claimed back from SARS.

Failure • Tax rate is high – this can put a company’s cash flow under pressure.

• Companies pay tax at 28 % of taxable income.• The profit (after tax) is distributed to shareholders –

this is called dividends.• Companies pay dividend tax of 15 % on the dividends

distributed to shareholders.• VAT-registered companies also pay VAT.

Page 24: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

3. Management

Management

Sole proprietorship

Success • Owned and managed by the owner.• Owner has full control over the way in which the

business is managed.• The owner is responsible for generating his/her own

income – this generally motivates owners to work hard.

Failure • Owners have only their own management experience to rely on.

• Owners of sole proprietorships often have great innovative skills, but many lack management skills.

• Example: a hairdresser knows a lot about styling hair, but might not know anything about the financial or managerial side of a business.

Page 25: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

3. ManagementManageme

nt

Partnership

Success • Owned and managed by partners.• Partners are actively involved in managing the

partnership.• Partners have access to expertise of other partners

when tough decisions have to be made.• Partners are responsible for generating their own

income – this generally motivates people to work hard.

Failure • Decision making can be time consuming as all partners have to be in agreement.

• Some tasks may be neglected, because a partner might think that one of the other partners will do the task.

• Partners may disagree on how to run the business – this can lead to tension between partners.

Page 26: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

3. Management

Management

Close Corporation

Success • No separation between ownership and management – members are also managers.

• Members are actively involved in managing the partnership.

• Members have access to expertise of other members when tough decisions have to be made.

• Members are responsible for generating their own income – this generally motivates people to work hard.

Failure • Decision making can be time consuming as all members have to be in agreement.

• Members may disagree on how to run the business – this may lead to tension between members.

Page 27: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

3. Management

Management

Private company

Success • Although shareholders own the company, they are not actively involved in running the company.

• Hence, ownership and management are separated.• Owned by shareholders and managed by at least one

director.• Directors are usually highly skilled individuals who

know how to run a business.• Directors are accountable to shareholders.

Failure • Shareholders have the power to elect suitable directors, but not all shareholders exercise their voting rights.

• Directors may sometimes act in their own best interests, not in the company’s best interest.

Page 28: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

3. ManagementManageme

nt

Public company

Success • Owned by shareholders, yet shareholders are not actively involved in running the company.

• Hence, ownership and management are separated.• Owned by shareholders and managed by at least

three directors.• Directors are usually highly skilled individuals who

know how to run a business.• Directors are accountable to shareholders.

Failure • Shareholders have the power to elect suitable directors but not all shareholders exercise their voting rights.

• Directors may sometimes act in their own best interests, not in the company’s best interests.

Page 29: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

4. CapitalCapital

Sole

proprietorship

Success • Capital is limited – this motivates an owner to use money carefully.

Failure • Limited to the amount that the owner can contribute.• Limits growth and expansion.• Difficult to gain access to credit, but the owner can

apply for a loan, if necessary.

Partnership

Success • Easier access to credit than a sole proprietor, because there are more partners.

• Capital can be added or withdrawn at any time – as long as all partners give their content.

Failure • Limited to the amount that the partners can contribute.

• Difficult to gain access to credit, but partners can apply for a loan, if necessary.

Page 30: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

4. Capital

Capital

Close

Corpration

Success • Close Corporations can be financially strong, because up to ten members can contribute to the capital of a CC.

• Each member contributes to the capital of the CC.• Contributions may be increased or decreased at any

time, as long as all members agree.• Access to capital increases if more members are

invited to join the CC – as long as membership does not exceed ten members.

Failure • Limited to the amount that 1 – 10 members can contribute.

• Difficult to gain access to credit, but members can apply for a loan, if necessary.

Page 31: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

4. Capital

Capital

Private company

Success • Even though shares are not freely transferable, large private companies can raise considerable amounts of capital.

• Private companies have more privacy than public companies, because private companies generally have fewer shareholders – and shareholders are entitled to a company’s financial statements.

Failure • Small private companies have limited access to capital – this may limit growth and expansion.

• The shares of a private company are not freely transferable.

Page 32: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

4. CapitalCapita

l

Puplic company

Success • The shares of a public company are freely transferable.• Anyone can own shares in a public company, as long as the

company is listed.• Shares can be issued if a public company needs to raise

capital.• Large amounts of capital can be raised to start large

business undertakings.• Shareholders of listed public companies can trade their

shares on the JSE.

Page 33: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

4. CapitalCapital

Public company

Failure • Profit is distributed to shareholders – the more shareholders there are, the less profit is left for the people who own the company.

• Shareholders are entitled to see a company’s financial statements – this impacts on the privacy of the company.

• Listed companies have extensive corporate governance duties.

• Growth is limited if sufficient capital cannot be raised

Page 34: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

5. Division of profits

Division of profits

Sole

proprietorship

Success • All profit belongs to the owner.• The owner can use profit to grow the business.

Failure • Business owners must be careful not to spend too much profit – there should always be enough money available go pay tax and to make sure the business can operate efficiently.

Page 35: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

5. Division of profits

Division of profits

Partnership

Success • Profit belongs to the partners.• The profit of the partnership is divided proportionally,

according to the partnership agreement.• Partners can use profit to expand the business.

Failure • Partners must be careful not to spend too much profit – there should always be enough money available to pay tax and to make sure the business can operate efficiently.

Page 36: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS :

5. Division of profits

Division of profits

Close

Corporation

Success • Profit can be kept in the CC to grow the CC.• Members decide when profit is distributed.• Members decide on the portion of the profit that will

be distributed.

Failure • Members must be careful not to spend too much profit – there should always be enough money available to pay tax and to make sure the business can operate efficiently.

Page 37: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

5. Division of profits

Division of profits

Private company

Success • The value of shares increases if a company performs well.

• Financial statements and the amount of profit can be kept private.

Failure • The value of shares decreases if a company does not perform well.

• Process of paying dividends to shareholders is time consuming.

• Difficult to sell shares if the company is not performing well, because private companies’ shares may not be sold on the JSE.

Page 38: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

5. Division of profits

Division of profits

Public company

Success • The value of shares increases if a company performs well.

• Investors are keen to invest in companies that do well.

Failure • The value of shares decreases if a company does not perform well.

• Shareholders may sell their shares if dividend payments are low.

• Process of paying dividends to shareholders is time consuming.

• Financial statements must be drawn up.

Page 39: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

6. Legislation

Legislation

Sole proprietorship

Success • Easy and inexpensive to start.• No regulatory requirements regarding the name of the

business.• Not compulsory to have financial statements audited.

Failure • Businesses can only apply for loans if they have financial statements.

Partnership

Success • Easy and inexpensive to start.• No regulatory requirements regarding the name of the

business.• Not compulsory to have financial statements audited.

Failure • Businesses can only apply for loans if they have financial statements.

• Oral agreements between partners can cause conflict between partners.

Page 40: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

6. Legislation

Legislation

Close Corporatio

n

Success • Existing Close Corporations may continue to exist indefinitely, or until their members decide to convert to companies.

• Not compulsory to have financial statements audited.

Failure • Businesses can only apply for loans if they have financial statements.

• The new Companies Act (Act No 71 of 2008) does not make provision for the formation of new Close Corporations.

Page 41: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

6. Legislation

Legislation

Private compan

y

Success • Not compulsory to have financial statements audited.• Relatively easy to start a private company.

Failure • Businesses can only apply for loans if they have financial statements.

Page 42: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

6. Legislation

Legislation

Public

compan

y

Success • Strict regulatory requirements aim, amongst others, to protect shareholders.

• Listed companies must adhere to requirements of King III code.

• Shareholders enjoy limited liability for the debt of the company.

Failure • There are regulatory requirements relating to public companies – especially if a public company is listed.

• Complicated process to start a public company.

Page 43: HEAD FOR SUCCESS Business Studies – Grade 12. TERM 3 Topic 3b: Forms of Ownership

FORMS OF OWNERSHIPFORMS OF OWNERSHIP AND THEIR IMPACT ON THE SUCCESS OR FAILURE OF A BUSINESS:

6. Legislation The new Companies Act (Act No. 71 of 2008) replaced the old

Companies Act (No. 61 of 1973) in 2011. The new Companies Act does not replace the Close

Corporations Act, (No. 69 of 1984), but it does not make provision for the formation of new Close Corporations.

Some of the main differences between the old and the new Companies Act: The new Companies Act does not make provision for the formation

of new Close Corporations. The Memorandum of Association and Articles of Association have

been replaced with a single document: The Memorandum of Incorporation (MoI).

A new scale has been introduced to determine whether private companies and existing CCs will be audited.

More attention is given to corporate governance.