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FORMS OF BUSINESS
ORGANISATIONS
By
BADM Dept.
WHAT IS A BUSINESS ORGANISATION?
The term "business organization" refers to how a
business is structured.
It refers to a commercial or industrial enterprise
and the people who constitute it.
WHAT IS THE RIGHT FORM OF
OWNERSHIP ?
• There really is not one right form of ownership.
• The correct form depends of the type of
company, the goals of the owners, and the plans
of what the company may become.
• Factors such as tax considerations, liability
exposure, capital requirements and structure
and ownership control all play a role is
determining which form is correct for a
business.
Types
of
Ownership
Private
Enterprises
Co-operative
Sector
Enterprises
Public Sector
Enterprises
TYPES OF BUSINESS
ORGANISATIONS
• Private Sector
• Sole Proprietorship
• Joint Hindu Family Business
• Partnership Firm
• Joint Stock Company
1) Private Limited
2) Public Limited
• Company
• Co-operative Society
TYPES OF BUSINESS
ORGANISATIONS
• Public Sector
• Departmental Organization
• Corporations
• Government Company
Choosing a Form of Business Organization
The choice of the form of business is governed by
several interrelated and interdependent factors :-
• The nature of business is the most important
factor
• Scale of operations i.e. volume of business ( large,
medium, small) and size of the market area (local,
national, international)
• The degree of control desired by the owner(s)
• Amount of capital required for the establishment
and operation of a business
• The volume of risks and liabilities as well as the
willingness of the owners to bear it
• Comparative tax liability
• Choice of Suitable form of ownership –
A Crucial Decision
• The form of ownership determines the -
• Division of Profits
• Extent of liability
• Extent of Risk
• Division of Power
• Control of Owner
SOLE PROPRIETERSHIP
When the ownership and management of a business are
in control of one individual the form of business is called
sole proprietorship.
SOLE PROPRIETERSHIP
• The most common form of business organization.
• Owned by one person, who performs most roles and
owns everything
• Very few legal requirements for setting it up.
• Owner gets all profits, takes all the losses → called
unlimited liability
• Easiest and least expensive to set up
• Easiest for tax purposes → income recorded under
personal income
CHARACTERISTICS
• Oldest form of business organization
• The business enterprise is owned by one
single individual (i.e. both profit and risk
belong to him)
• Owner is the Manager
• Owner is the only source of Capital
• The proprietor and business enterprise are
same in the eyes of the law.
CHARACTERISTICS
• Liability of sole proprietor is unlimited
• Sole proprietorship business is free from
many legal formalities subjected to the
general law of the land
• Proprietor makes all decisions pertaining to
the business
• Limited scope of operations.
ADVANTAGES
OF
SOLE
PROPREITORSHIP
• Ease in formation
• Discretion in start and dissolution
• Flexibility
• Free from legal Formality
• Independence of proprietor
• Quick decesions
ADVANTAGES OF
SOLE PROPREITORSHIP
• Facilitate Coordination
• Personal contacts with customers
• Secrecy
• Perfect Control
• Economy in operation
• Ease to borrow funds
• Direct relation between effort and rewards
• Successors benefited by inherited business
• Social advantage
DISADVANTAGES OF SOLE
PROPREITORSHIP
• Limited managerial
capacity
• Hasty decisions
• Secrecy causes
suspicion
• Owner has unlimited
liability
• Limited financial
resources
DISADVANTAGES OF SOLE
PROPREITORSHIP
• Loss in absence
• Difficulty in attracting and retaining good
employees
• High morality rate
• Lack of stability
• Unfit for medium and large businesses
Is the sole proprietorship the best
form of business ownership ?
• To understand this statement we can divide it
into following two parts:-
• One man control is the best
• It is the best provided certain conditions are
satisfied.
One man control is the best
• Ease in formation
• Discretion in start and end
• Flexibility
• Free from legal formalities
• Quick decisions
• Facilitate coordination
• Personal contacts with customers
• Secrecy
• Perfect control
One man control is the best
• Economy of operation
• Easy to borrow funds
• Direct relation between efforts and reward
• Successors benefited by inherited business
• Social advantages
Provided certain conditions are
satisfied
• It mean sole proprietorship business suffers from
many limitations or demerits. These are-
• Limited managerial capacity
• Hasty decisions
• Secrecy causes suspicion
• Unlimited liability
• Limited financial resources
• Loss in absence
• Lack of stability
• Unfit for medium and large business
JOINT HINDU FAMILY BUSINESS
• A Hindu Undivided Family (HUF) or Joint
Hindu Family (JHF) consist of all persons who
lineally descended from a common ancestor
and includes their wives and unmarried
daughters (Hindu Law).
• When a joint Hindu family carries on a
business, it is called a joint Hindu family firm.
• The members of such firm are not called
partners, but known as coparceners.
JOINT HINDU FAMILY BUSINESS
• Comes into existence as per
the Hindu Inheritance Act of
India
• This form of business found
only in India
• All members of the Hindu
Undivided Family(HUF) own
the business jointly
• The affairs of the business
are managed by head of the
family called “Karta”. All
other members are called
“Coparceners”
• Membership is restricted only to
members of the Joint family. No
outsider can become the
member
• Karta has unlimited liability
while all other members have
limited liability
• The share of each member keeps
on fluctuating
• Business continues to exist upon
the death of any member or
Karta.
ADVANTAGES OF HUFs
• Every coparcener has an assured
share in profits
• The business has continued
existence
• Decision making is quick as the
powers are with the Karta
• No corporate tax
• People use it mostly for tax
benefits these days
DISADVANTAGES OF HUFs
• Absolute power in the hands
of Karta.
• Instability
• Limited Resources can be
raised
• Scope for conflict
PARTNERSHIP FIRM
A Partnership consists of two or more
individuals in business together
Meaning of Partnership
• A partnership is an association of two or
more persons who agree to carry on business
for earning and sharing profit among them.
• According to Indian Partnership Act,
“Partnership is the relation between persons
who have agreed to share the profits of a
business carried on by all or any of them
acting for all.”
CHARACTERISITCS OF PARTNERSHIP
• Minimum 2 number of partners and maximum 20
partners. All of must be competent to contract.
• The relation between the partners is created in the
form of a contract. Written contract is called
“Partnership Deed.”
• The firm means partners, the partners mean the
firm
• The profit is divided in any as ratio as agreed
• No partner can sell/transfer his interest in the firm
to anyone without the consent of other partners
CHARACTERISITCS OF PARTNERSHIP
• The relation of partnership arises from a valid
agreement.
• The liability of partners is unlimited.
• To constitute a partnership, there must be a
relation of mutual agency between the partners.
• The relation of partnership is founded upon
mutual trust and confidence. Therefore, every
partner is bound to be faithful to each other.
• A firm does not have separate legal existence from
its partners. Firm is not a person in the eye of law.
• The registration of partnership is not compulsory
in India.
Test of Partnership
• There must be an agreement between two or
more persons.
• There must be a business of partnership.
• The partners must have agreed to share the
profits of the business.
• The business must be carried on by all or any
one
ADVANTAGES OF PARTNERSHIP
• Easy Formation
• Larger Resources
• Greater Management Talent
• Flexibility of Operation
• Prompt Decision
• Balanced decisions
• Sharing Of Risk and liability
• Personal care and
supervision of business
ADVANTAGES OF PARTNERSHIP
• Secrecy
• Direct relation between work and reward
• More possibility of growth and expansion
• Protection of minority interest
• Easy dissolution
DISADVANTAGES OF PARTNERSHIPS
• Unlimited Liability
• Limited resources
• Limited managerial skill
• Fear of Dispute
• Instability
• Non- transferability of
interest
• Lack of public interest
• Risk of mutual agency
relations
Partnership Deed
• When the contract of partnership is made in
writing, it takes the form of a document.
Thus, the document which contains the terms
of contracts of partnership is called the deed
of partnership.
• It must contain all the important terms of
partnership agreed by the partners.
Contents of deed
• Name of the firm
• Name of the partners
• Nature and place of business
• Date of commencement of partnership
• Duration of the partnership/ firm.
• Capital employed or to be employed by each partner.
• Profit and loss sharing ratio
• Interest on capital
• Limit of drawing and interest on it
• Interest on loans by and to partners
• Salary or commission, if payable, to the partners
Company
• According to companies act 1956, “Company”
means a company formed and registered
under this act or an existing company formed
and registered under any of the previous
companies law.
• According to Prof. Haney, “ A company is an
artificial person created by law, having
separate entity with a perpetual succession
and common seal.”
CHARACTERISITCS OF COMPANY
• Registered voluntary association/ body corporate
• Members/ Subscriber
• Artificial person
• Separate legal entity
• Perpetual succession
• Common seal
• Limited liability
CHARACTERISITCS OF COMPANY
• Share Capital
• Transferable shares
• Separate property
• Capacity to sue and be sued
• Management team
• Governance by majority
• Nationality
• Not a citizen and has no fundamental rights
ADVANTAGES OF COMPANY
• Limited Liability
• Huge financial resources
• Perpetual existence or stability
• Transferability of shares
• Sound management
• Diffusion of risk
• Economy in operation
ADVANTAGES OF COMPANY
• Democratic management
• Scope of expansion and growth
• Public confidence
• Encourages capitalization
• Social advantages
DISADVANTAGES OF COMPANY
• Difficulty in formation
• Regulation and Control
• Oligarchy of directors
• Neglect of minority interests
• Lack of Secrecy
DISADVANTAGES OF COMPANY
• Delay in decisions
• Lack of motivations
• Tax Burden
• Difficulty in winding up
• Insider trading
MEANING OF A CORPORATION
• The term ‘Co-operation’ has been derived by
adding a prefix ‘Co’ with the word ‘operation’. ‘Co’
means together and ‘operation’ means work.
Therefore the literal meaning of the term co-
operation is to work together.
• Co-operation means working together for a
common good of all.
CO-OPERATIVE SOCIETY
It is a voluntary
association of
people or
business to
achieve a an
economic goal
with a social
perspective
DEFINITION OF A CORPORATION
• A Co-operative society or organization is one which
has been voluntarily formed by some persons for
the promotion of their common economic interest.
• According to the Indian Co-operative Societies Act,
1912, A Co-operative society is “a society which
has its object as the promotion of economic
interests of its members in accordance with co-
operative principles.”
CHARACTERISTICS OF A CO-OPERATIVE
ORGANIZATION
• Voluntary organization
• Must be registered
• Separate legal entity and artificial person
• Liability is limited
• Perpetual existence
• Every member has to buy at least one share
• Non-transferable shares
CHARACTERISTICS OF A CO-OPERATIVE
ORGANIZATION
• Each member of a co-operative society has a
right to one vote
• Managed on Democrative principles
• Certain proportion of profit is of co-operative
society is distributed among its member
• Works for promotion of economic interest of
its member
• Primary object is to serve its members
• Based on principles equality, justice and
mutual benefit
CO-OPERATIVE PRINCIPLES
• Principle of voluntary and open membership
• Principle of democratic member control
• Principle of member’s economic participation
• Principle of autonomy and independence
• Principle of education, training and
information
• Principle of co-operation among co-operatives
• Principle of concern for community
ADVANTAGES OF A CO-OPERATIVE ORGANISATION
• Organisational Advantages
• Easy formation
• Small amount of investment
• Equal voting rights
• Democratic management
• Stability
• Easy to wind up
ADVANTAGES OF A CO-OPERATIVE ORGANISATION
• Economic Advantages
• Economic management
• Tax advantages
• Ploughing back the profits
• Government aid
• Equitable distribution of profits
• Limited liability
ADVANTAGES OF A CO-OPERATIVE ORGANISATION
• Social Advantages
• Spirit of mutual help and brotherhood
• Uplift standard of living of weaker sections of
society
• Promotes equal distribution of income and wealth
in the society
• Relief from exploitation
• decentralisation of economic power
• Changes in society by peaceful means
• Promotes maximum social welfare
Public Enterprises
• Public enterprises (PE) refers to an enterprise
which is owned and controlled by the
Government or public authority.
• A public enterprise refers to an industrial,
commercial or service enterprise which is
owned and controlled by the Government or
by public authority/ Government
organisation for providing goods and services
to the public.
CHARECTERISTICS OF PUBLIC ENTERPRISES
• Owned by the government or any public
organisation
• Managed, controlled and operated by the
Government
• Carry on activities of production of goods or
services
• Run in different form of organisation
(departmental organisation, public
corporation, Government Company, Boards,
Trusts etc.)
CHARECTERISTICS OF PUBLIC ENTERPRISES
• Established with some special objectives
(economic objectives, social objectives, political
objectives etc.)
• Service motive is prime motive
• PE accountable to the public
• Subject to audit rules of the Government
• Required to prepare annual return of working &
place the same before the Lok Sabha.
• Monopoly position in certain economic activities
such as railways, mining, petro-products etc
ROLE & IMPORTANCE OF PUBLIC
ENTERPRISES
• Infrastructure Development
• Strong Industrial Base
• Planned Development
• Balanced regional development
• Employment
• Promotes capital formation or investment
• Export promotion
ROLE & IMPORTANCE OF PUBLIC
ENTERPRISES
• Import Substitution
• Contribution to the GDP
• Contribution to Exchequer
• Research and Development
• Help reduce disparities of income and wealth/
concentration of economic power
• Protection of consumer interests
Forms of Organization
Departmental
organisations
Government
Company
Public
Corporations
Departmental Organisation
• Departmental form of organisation is the oldest
form of organising public enterprises.
• Under this form of organisation, an enterprise is
put under the control of a department.
• Such department is headed by the concerned
minister.
• For example- Railway is a public enterprises
which is under the control of Railway department
and is headed by Railway Minister.
Public/ Statutory Organisation
• A public or statutory corporation is a body
corporate incorporated under a special Act or
State Legislature.
• According to Morrison, “In public corporation,
we are seeking a combination of public
ownership, public accountability and business
management for public ends.”
Government Company
• According to the Companies Act 1956, a
Government company means any company in
which not less than fifty-one per cent of the
paid-up share capital is held by the following-
a) By the central Government
b) By any State Government or Governments
c) Partly by the Central Government and Partly by
one or more State Governments
• A Government company is one in which not less
than 51% of the paid-up capital is held by the
Central or/ and State government.
Joint Sector
• A Joint Sector Enterprise is one which is
established in the partnership of the public
sector and the private sector.
• It is refers to a form partnership between the
Government and private sector.
• According to M. Adhikari, “Joint sector is a form
of partnership between the public sector and
the private sector or between the government
and business.”
Characteristics of a Joint sector
Enterprise
• Public & Private sector partnership
• Both entrepreneur contribute to the capital
• Managed & controlled by a Board of Directors
• Day to day operations of the enterprise are
conducted by the managing director
• Not accountable to the public
Characteristics of a Joint sector
Enterprise
• Organised in company form of organisation
• Both public enterprises and private enterprises
may be converted into joint sector enterprises
• Whenever a big business house or a foreign
enterpreneur wants to participate in a joint
sector enterprise, prior permission of the central
government is essential
• Effective voice in the management and
operations
AMUL
• Amul is an Indian dairy cooperative, based at Anand in the state
of Gujarat, India.[2] The word amul (अमूल) is derived from
theSanskrit word Anand Milk Utpadan Limited , meaning rare,
valuable .[3] The co-operative was initially referred to as Anand Milk
Federation Union Limited hence the name AMUL.
• Formed in 1946, it is a brand managed by a cooperative body, the
Gujarat Co-operative Milk Marketing Federation Ltd. (GCMMF),
which today is jointly owned by 3.6 million milk producers in
Gujarat.[4]
• Amul spurred India's White Revolution, which made the country the
world's largest producer of milk and milk products.[5] In the process
Amul became the largest food brand in India and has ventured into
markets overseas.
• Dr. Verghese Kurien, founder-chairman of the GCMMF for more
than 30 years (1973–2006), is credited with the success of Amul.
Role & Importance of Joint sector
enterprises
• Integration of public and private sector
• Board-based entrepreneurship
• Social control over industry
• Promotion of socio-economic objectives
• Acceleration of industrial growth
• Curbing concentration of economic power
• Helps develop entrepreneurship
• Promotion of mixed economy
Problems/ Demerits of Joint sector
enterprises
• Problem due to capital contribution ratio
• Problem of management and operation
• Many formalities
• Difference of opinion among the directors
• Selection of project
Problems/ Demerits of Joint sector
Enterprises
• Difficulty in choosing private entrepreneur
• Change in the board
• Conflict on objectives
• Delay in completion of the project
• Under utilisation of capacity
2. PUBLIC COMPANY
• Stocks are held by a large
number of people
• Minimum 7 shareholders
and no limit for maximum
• Can be listed on stock
exchange and can go
public
• Have to follow many laws
with regards to the board
composition and AGM.
TWO TYPES OF CORPORATIONS
1. PRIVATE COMPANY
• Closely held by a few people
• Minimum 2 and maximum 50
shareholders
• Stocks cannot be traded on exchanges
and private equity cannot be raised
• Less regulations as compared to
Public Companies
CHARECTERISTICS OF CO-OPERATIVE
• Voluntary association
• Minimum membership requirement is 10
and there is no maximum limit
• Registration of Co-operative is must
under the “Co-operative Societies Act” is
a must. After the registration it enjoys
certain privileges of a Joint Stock
Company
ADVANTAGES OF CO-OPERATIVE
• Easy Formation
• Limited Liability
• Stability
• Democratic
Management
• State Assistance
DISADVANTAGES OF A CO-OPERATIVE
• Possibility of
conflict
• Long decision
making process
• Not enough capital
JOINT STOCK COMPANY
A joint stock company is a voluntary
association of people who contribute
money to carry on business
Forms of business organisations

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Forms of business organisations

  • 2. WHAT IS A BUSINESS ORGANISATION? The term "business organization" refers to how a business is structured. It refers to a commercial or industrial enterprise and the people who constitute it.
  • 3. WHAT IS THE RIGHT FORM OF OWNERSHIP ? • There really is not one right form of ownership. • The correct form depends of the type of company, the goals of the owners, and the plans of what the company may become. • Factors such as tax considerations, liability exposure, capital requirements and structure and ownership control all play a role is determining which form is correct for a business.
  • 5. TYPES OF BUSINESS ORGANISATIONS • Private Sector • Sole Proprietorship • Joint Hindu Family Business • Partnership Firm • Joint Stock Company 1) Private Limited 2) Public Limited • Company • Co-operative Society
  • 6. TYPES OF BUSINESS ORGANISATIONS • Public Sector • Departmental Organization • Corporations • Government Company
  • 7. Choosing a Form of Business Organization The choice of the form of business is governed by several interrelated and interdependent factors :- • The nature of business is the most important factor • Scale of operations i.e. volume of business ( large, medium, small) and size of the market area (local, national, international)
  • 8. • The degree of control desired by the owner(s) • Amount of capital required for the establishment and operation of a business • The volume of risks and liabilities as well as the willingness of the owners to bear it • Comparative tax liability
  • 9. • Choice of Suitable form of ownership – A Crucial Decision • The form of ownership determines the - • Division of Profits • Extent of liability • Extent of Risk • Division of Power • Control of Owner
  • 10.
  • 11. SOLE PROPRIETERSHIP When the ownership and management of a business are in control of one individual the form of business is called sole proprietorship.
  • 12. SOLE PROPRIETERSHIP • The most common form of business organization. • Owned by one person, who performs most roles and owns everything • Very few legal requirements for setting it up. • Owner gets all profits, takes all the losses → called unlimited liability • Easiest and least expensive to set up • Easiest for tax purposes → income recorded under personal income
  • 13. CHARACTERISTICS • Oldest form of business organization • The business enterprise is owned by one single individual (i.e. both profit and risk belong to him) • Owner is the Manager • Owner is the only source of Capital • The proprietor and business enterprise are same in the eyes of the law.
  • 14. CHARACTERISTICS • Liability of sole proprietor is unlimited • Sole proprietorship business is free from many legal formalities subjected to the general law of the land • Proprietor makes all decisions pertaining to the business • Limited scope of operations.
  • 15. ADVANTAGES OF SOLE PROPREITORSHIP • Ease in formation • Discretion in start and dissolution • Flexibility • Free from legal Formality • Independence of proprietor • Quick decesions
  • 16. ADVANTAGES OF SOLE PROPREITORSHIP • Facilitate Coordination • Personal contacts with customers • Secrecy • Perfect Control • Economy in operation • Ease to borrow funds • Direct relation between effort and rewards • Successors benefited by inherited business • Social advantage
  • 17. DISADVANTAGES OF SOLE PROPREITORSHIP • Limited managerial capacity • Hasty decisions • Secrecy causes suspicion • Owner has unlimited liability • Limited financial resources
  • 18. DISADVANTAGES OF SOLE PROPREITORSHIP • Loss in absence • Difficulty in attracting and retaining good employees • High morality rate • Lack of stability • Unfit for medium and large businesses
  • 19. Is the sole proprietorship the best form of business ownership ? • To understand this statement we can divide it into following two parts:- • One man control is the best • It is the best provided certain conditions are satisfied.
  • 20. One man control is the best • Ease in formation • Discretion in start and end • Flexibility • Free from legal formalities • Quick decisions • Facilitate coordination • Personal contacts with customers • Secrecy • Perfect control
  • 21. One man control is the best • Economy of operation • Easy to borrow funds • Direct relation between efforts and reward • Successors benefited by inherited business • Social advantages
  • 22. Provided certain conditions are satisfied • It mean sole proprietorship business suffers from many limitations or demerits. These are- • Limited managerial capacity • Hasty decisions • Secrecy causes suspicion • Unlimited liability • Limited financial resources • Loss in absence • Lack of stability • Unfit for medium and large business
  • 23. JOINT HINDU FAMILY BUSINESS • A Hindu Undivided Family (HUF) or Joint Hindu Family (JHF) consist of all persons who lineally descended from a common ancestor and includes their wives and unmarried daughters (Hindu Law). • When a joint Hindu family carries on a business, it is called a joint Hindu family firm. • The members of such firm are not called partners, but known as coparceners.
  • 24. JOINT HINDU FAMILY BUSINESS • Comes into existence as per the Hindu Inheritance Act of India • This form of business found only in India • All members of the Hindu Undivided Family(HUF) own the business jointly • The affairs of the business are managed by head of the family called “Karta”. All other members are called “Coparceners”
  • 25. • Membership is restricted only to members of the Joint family. No outsider can become the member • Karta has unlimited liability while all other members have limited liability • The share of each member keeps on fluctuating • Business continues to exist upon the death of any member or Karta.
  • 26. ADVANTAGES OF HUFs • Every coparcener has an assured share in profits • The business has continued existence • Decision making is quick as the powers are with the Karta • No corporate tax • People use it mostly for tax benefits these days
  • 27. DISADVANTAGES OF HUFs • Absolute power in the hands of Karta. • Instability • Limited Resources can be raised • Scope for conflict
  • 28. PARTNERSHIP FIRM A Partnership consists of two or more individuals in business together
  • 29. Meaning of Partnership • A partnership is an association of two or more persons who agree to carry on business for earning and sharing profit among them. • According to Indian Partnership Act, “Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.”
  • 30. CHARACTERISITCS OF PARTNERSHIP • Minimum 2 number of partners and maximum 20 partners. All of must be competent to contract. • The relation between the partners is created in the form of a contract. Written contract is called “Partnership Deed.” • The firm means partners, the partners mean the firm • The profit is divided in any as ratio as agreed • No partner can sell/transfer his interest in the firm to anyone without the consent of other partners
  • 31. CHARACTERISITCS OF PARTNERSHIP • The relation of partnership arises from a valid agreement. • The liability of partners is unlimited. • To constitute a partnership, there must be a relation of mutual agency between the partners. • The relation of partnership is founded upon mutual trust and confidence. Therefore, every partner is bound to be faithful to each other. • A firm does not have separate legal existence from its partners. Firm is not a person in the eye of law. • The registration of partnership is not compulsory in India.
  • 32. Test of Partnership • There must be an agreement between two or more persons. • There must be a business of partnership. • The partners must have agreed to share the profits of the business. • The business must be carried on by all or any one
  • 33. ADVANTAGES OF PARTNERSHIP • Easy Formation • Larger Resources • Greater Management Talent • Flexibility of Operation • Prompt Decision • Balanced decisions • Sharing Of Risk and liability • Personal care and supervision of business
  • 34. ADVANTAGES OF PARTNERSHIP • Secrecy • Direct relation between work and reward • More possibility of growth and expansion • Protection of minority interest • Easy dissolution
  • 35. DISADVANTAGES OF PARTNERSHIPS • Unlimited Liability • Limited resources • Limited managerial skill • Fear of Dispute • Instability • Non- transferability of interest • Lack of public interest • Risk of mutual agency relations
  • 36. Partnership Deed • When the contract of partnership is made in writing, it takes the form of a document. Thus, the document which contains the terms of contracts of partnership is called the deed of partnership. • It must contain all the important terms of partnership agreed by the partners.
  • 37. Contents of deed • Name of the firm • Name of the partners • Nature and place of business • Date of commencement of partnership • Duration of the partnership/ firm. • Capital employed or to be employed by each partner. • Profit and loss sharing ratio • Interest on capital • Limit of drawing and interest on it • Interest on loans by and to partners • Salary or commission, if payable, to the partners
  • 38. Company • According to companies act 1956, “Company” means a company formed and registered under this act or an existing company formed and registered under any of the previous companies law. • According to Prof. Haney, “ A company is an artificial person created by law, having separate entity with a perpetual succession and common seal.”
  • 39. CHARACTERISITCS OF COMPANY • Registered voluntary association/ body corporate • Members/ Subscriber • Artificial person • Separate legal entity • Perpetual succession • Common seal • Limited liability
  • 40. CHARACTERISITCS OF COMPANY • Share Capital • Transferable shares • Separate property • Capacity to sue and be sued • Management team • Governance by majority • Nationality • Not a citizen and has no fundamental rights
  • 41. ADVANTAGES OF COMPANY • Limited Liability • Huge financial resources • Perpetual existence or stability • Transferability of shares • Sound management • Diffusion of risk • Economy in operation
  • 42. ADVANTAGES OF COMPANY • Democratic management • Scope of expansion and growth • Public confidence • Encourages capitalization • Social advantages
  • 43. DISADVANTAGES OF COMPANY • Difficulty in formation • Regulation and Control • Oligarchy of directors • Neglect of minority interests • Lack of Secrecy
  • 44. DISADVANTAGES OF COMPANY • Delay in decisions • Lack of motivations • Tax Burden • Difficulty in winding up • Insider trading
  • 45. MEANING OF A CORPORATION • The term ‘Co-operation’ has been derived by adding a prefix ‘Co’ with the word ‘operation’. ‘Co’ means together and ‘operation’ means work. Therefore the literal meaning of the term co- operation is to work together. • Co-operation means working together for a common good of all.
  • 46. CO-OPERATIVE SOCIETY It is a voluntary association of people or business to achieve a an economic goal with a social perspective
  • 47. DEFINITION OF A CORPORATION • A Co-operative society or organization is one which has been voluntarily formed by some persons for the promotion of their common economic interest. • According to the Indian Co-operative Societies Act, 1912, A Co-operative society is “a society which has its object as the promotion of economic interests of its members in accordance with co- operative principles.”
  • 48. CHARACTERISTICS OF A CO-OPERATIVE ORGANIZATION • Voluntary organization • Must be registered • Separate legal entity and artificial person • Liability is limited • Perpetual existence • Every member has to buy at least one share • Non-transferable shares
  • 49. CHARACTERISTICS OF A CO-OPERATIVE ORGANIZATION • Each member of a co-operative society has a right to one vote • Managed on Democrative principles • Certain proportion of profit is of co-operative society is distributed among its member • Works for promotion of economic interest of its member • Primary object is to serve its members • Based on principles equality, justice and mutual benefit
  • 50. CO-OPERATIVE PRINCIPLES • Principle of voluntary and open membership • Principle of democratic member control • Principle of member’s economic participation • Principle of autonomy and independence • Principle of education, training and information • Principle of co-operation among co-operatives • Principle of concern for community
  • 51. ADVANTAGES OF A CO-OPERATIVE ORGANISATION • Organisational Advantages • Easy formation • Small amount of investment • Equal voting rights • Democratic management • Stability • Easy to wind up
  • 52. ADVANTAGES OF A CO-OPERATIVE ORGANISATION • Economic Advantages • Economic management • Tax advantages • Ploughing back the profits • Government aid • Equitable distribution of profits • Limited liability
  • 53. ADVANTAGES OF A CO-OPERATIVE ORGANISATION • Social Advantages • Spirit of mutual help and brotherhood • Uplift standard of living of weaker sections of society • Promotes equal distribution of income and wealth in the society • Relief from exploitation • decentralisation of economic power • Changes in society by peaceful means • Promotes maximum social welfare
  • 54. Public Enterprises • Public enterprises (PE) refers to an enterprise which is owned and controlled by the Government or public authority. • A public enterprise refers to an industrial, commercial or service enterprise which is owned and controlled by the Government or by public authority/ Government organisation for providing goods and services to the public.
  • 55. CHARECTERISTICS OF PUBLIC ENTERPRISES • Owned by the government or any public organisation • Managed, controlled and operated by the Government • Carry on activities of production of goods or services • Run in different form of organisation (departmental organisation, public corporation, Government Company, Boards, Trusts etc.)
  • 56. CHARECTERISTICS OF PUBLIC ENTERPRISES • Established with some special objectives (economic objectives, social objectives, political objectives etc.) • Service motive is prime motive • PE accountable to the public • Subject to audit rules of the Government • Required to prepare annual return of working & place the same before the Lok Sabha. • Monopoly position in certain economic activities such as railways, mining, petro-products etc
  • 57. ROLE & IMPORTANCE OF PUBLIC ENTERPRISES • Infrastructure Development • Strong Industrial Base • Planned Development • Balanced regional development • Employment • Promotes capital formation or investment • Export promotion
  • 58. ROLE & IMPORTANCE OF PUBLIC ENTERPRISES • Import Substitution • Contribution to the GDP • Contribution to Exchequer • Research and Development • Help reduce disparities of income and wealth/ concentration of economic power • Protection of consumer interests
  • 60. Departmental Organisation • Departmental form of organisation is the oldest form of organising public enterprises. • Under this form of organisation, an enterprise is put under the control of a department. • Such department is headed by the concerned minister. • For example- Railway is a public enterprises which is under the control of Railway department and is headed by Railway Minister.
  • 61. Public/ Statutory Organisation • A public or statutory corporation is a body corporate incorporated under a special Act or State Legislature. • According to Morrison, “In public corporation, we are seeking a combination of public ownership, public accountability and business management for public ends.”
  • 62. Government Company • According to the Companies Act 1956, a Government company means any company in which not less than fifty-one per cent of the paid-up share capital is held by the following- a) By the central Government b) By any State Government or Governments c) Partly by the Central Government and Partly by one or more State Governments • A Government company is one in which not less than 51% of the paid-up capital is held by the Central or/ and State government.
  • 63. Joint Sector • A Joint Sector Enterprise is one which is established in the partnership of the public sector and the private sector. • It is refers to a form partnership between the Government and private sector. • According to M. Adhikari, “Joint sector is a form of partnership between the public sector and the private sector or between the government and business.”
  • 64. Characteristics of a Joint sector Enterprise • Public & Private sector partnership • Both entrepreneur contribute to the capital • Managed & controlled by a Board of Directors • Day to day operations of the enterprise are conducted by the managing director • Not accountable to the public
  • 65. Characteristics of a Joint sector Enterprise • Organised in company form of organisation • Both public enterprises and private enterprises may be converted into joint sector enterprises • Whenever a big business house or a foreign enterpreneur wants to participate in a joint sector enterprise, prior permission of the central government is essential • Effective voice in the management and operations
  • 66. AMUL • Amul is an Indian dairy cooperative, based at Anand in the state of Gujarat, India.[2] The word amul (अमूल) is derived from theSanskrit word Anand Milk Utpadan Limited , meaning rare, valuable .[3] The co-operative was initially referred to as Anand Milk Federation Union Limited hence the name AMUL. • Formed in 1946, it is a brand managed by a cooperative body, the Gujarat Co-operative Milk Marketing Federation Ltd. (GCMMF), which today is jointly owned by 3.6 million milk producers in Gujarat.[4] • Amul spurred India's White Revolution, which made the country the world's largest producer of milk and milk products.[5] In the process Amul became the largest food brand in India and has ventured into markets overseas. • Dr. Verghese Kurien, founder-chairman of the GCMMF for more than 30 years (1973–2006), is credited with the success of Amul.
  • 67. Role & Importance of Joint sector enterprises • Integration of public and private sector • Board-based entrepreneurship • Social control over industry • Promotion of socio-economic objectives • Acceleration of industrial growth • Curbing concentration of economic power • Helps develop entrepreneurship • Promotion of mixed economy
  • 68. Problems/ Demerits of Joint sector enterprises • Problem due to capital contribution ratio • Problem of management and operation • Many formalities • Difference of opinion among the directors • Selection of project
  • 69. Problems/ Demerits of Joint sector Enterprises • Difficulty in choosing private entrepreneur • Change in the board • Conflict on objectives • Delay in completion of the project • Under utilisation of capacity
  • 70. 2. PUBLIC COMPANY • Stocks are held by a large number of people • Minimum 7 shareholders and no limit for maximum • Can be listed on stock exchange and can go public • Have to follow many laws with regards to the board composition and AGM.
  • 71. TWO TYPES OF CORPORATIONS 1. PRIVATE COMPANY • Closely held by a few people • Minimum 2 and maximum 50 shareholders • Stocks cannot be traded on exchanges and private equity cannot be raised • Less regulations as compared to Public Companies
  • 72. CHARECTERISTICS OF CO-OPERATIVE • Voluntary association • Minimum membership requirement is 10 and there is no maximum limit • Registration of Co-operative is must under the “Co-operative Societies Act” is a must. After the registration it enjoys certain privileges of a Joint Stock Company
  • 73. ADVANTAGES OF CO-OPERATIVE • Easy Formation • Limited Liability • Stability • Democratic Management • State Assistance
  • 74. DISADVANTAGES OF A CO-OPERATIVE • Possibility of conflict • Long decision making process • Not enough capital
  • 75. JOINT STOCK COMPANY A joint stock company is a voluntary association of people who contribute money to carry on business