PART A: THE ROLE OF GOVERNMENT IN LAW MAKING

1 | Page BUSSINESS LAW ASSIGNMENT TITLE: APPLICATION OF BUSINESS LAW IN RUNNING A BUSINESS ORGANIZATION DATE: 11/15/2021 Contents PART A 7 DIFFERENT SOURCES OF LAW 7 CONSTITUTIONAL LAW 7 STATUTORY LAW 7 JUDICIAL LAW 7 THE ROLE OF GOVERNMENT IN LAW MAKING 8 LEGISLATURE 8 EXECUTIVE 8 JUDICIARY 8 THE APPLICATION OF STATUTORY AND COMMON LAW IN THE JUSTICE COURTS 9 EFFECTIVENESS OF

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BUSSINESS LAW
ASSIGNMENT TITLE: APPLICATION OF BUSINESS LAW IN
RUNNING A BUSINESS ORGANIZATION
DATE: 11/15/2021

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Contents
PART A...........................................................................................................................................7
DIFFERENT SOURCES OF LAW.................................................................................................7
CONSTITUTIONAL LAW.........................................................................................................7
STATUTORY LAW...................................................................................................................7
JUDICIAL LAW.........................................................................................................................7
THE ROLE OF GOVERNMENT IN LAW MAKING..................................................................8
LEGISLATURE..........................................................................................................................8
EXECUTIVE...............................................................................................................................8
JUDICIARY................................................................................................................................8
THE APPLICATION OF STATUTORY AND COMMON LAW IN THE JUSTICE COURTS.9
EFFECTIVENESS OF THE LEGAL SYSTEM IN TERMS OF RECENT REFORMS AND
DEVELOPMENTS........................................................................................................................10
IMPACT OF THE 2020 TAX POLICY ON CARREFOUR....................................................10
VAUE ADDED TAX (VAT)................................................................................................10
PAY AS YOU EARN TAX..................................................................................................10
THE POTENTIAL IMPACT THAT EMPLOYMENT AND CONTRACT LAW HAS ON
CARREFOUR...............................................................................................................................11
EMPLOYMENT LAW.............................................................................................................11
CONTRACT LAW....................................................................................................................11
COMPANY LAW.....................................................................................................................12
THE IMPACT ON CARREFOUR THROUGH DIFFERENTIATION BETWEEN
LEGISLATION, REGULATIONS AND STANDARDS............................................................12
LEGISLATION.........................................................................................................................12
REGULATIONS.......................................................................................................................12
STANDARDS...........................................................................................................................13
EVALUATION OF THE LEGAL SYSTEM AND LAW............................................................14
JURY SYSTEM.........................................................................................................................14
THE LEGAL FORMATION OF THE DIFFERENT TYPES OF BUSINESS
ORGANIZATIONS.......................................................................................................................15
SOLE PROPREITORSHIP.......................................................................................................15
1.PICK A NAME...................................................................................................................15
2.ACQUIRE PERMITS AND LICENSES...........................................................................15

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3.ESTABLISH SEPARATE FINANCES.............................................................................16
4.REPORTING TAXES........................................................................................................16
PARTNERSHIPS......................................................................................................................16
1.CHOOSE A PARTNERSHIP NAME................................................................................16
2.REGISTERING THE FICTITIOUS NAME......................................................................16
3.CREATING AND SIGNING THE PARTNERSHIP AGREEMENT...............................16
4.WORKING WITH REGULATIONS AND TAX REQUIREMENTS..............................17
5.INSURANCE.....................................................................................................................17
CORPORATION.......................................................................................................................17
1.HIRE A TRANSACTIONAL ATTORNEY......................................................................18
2.APPOINT A REGISTERED AGENT AND FILE THE ARTICLES OF
INCORPORATION...............................................................................................................18
3.CREATE THE CORPORATE BYLAWS AND APPOINT DIRECTORS.......................18
4.ISSUE STOCK...................................................................................................................18
5.FILE DOCUMENTS REQUIRED BY SECRETARY OF STATE..................................18
6.FILE ANY NECESSARY KRA FORMS..........................................................................18
LIMITED LIABILITY COMPANY (LLC)..............................................................................19
1.PICK A NAME...................................................................................................................19
2.CREATE THE ARTICLES OF ORGANIZATION..........................................................19
3.SELECT A REGISTERED AGENT..................................................................................19
4.FILE WITH THE SECRETARY OF STATE....................................................................19
5. FEE....................................................................................................................................19
6.PUBLICATION REQUIREMENTS..................................................................................20
7.OBTAIN AN LLC CERTIFICATE...................................................................................20
8.REGISTER FOR AN EIN..................................................................................................20
9.GET PERMITS OF LICENSES.........................................................................................20

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10. CREATE AN OPERATING AGREEMENT..................................................................20
THE ADVANTAGES AND DISADVANTAGES OF THE FORMATION OF DIFFERENT
TYPES OF BUSINESS ORGANISATIONS................................................................................20
SOLE PROPRIETORSHIP.......................................................................................................20
PARTNERSHIPS......................................................................................................................21
CORPORATION.......................................................................................................................21
LIMITED LIABILITY COMPANY.........................................................................................21
HOW BUSINESS ORGANISATIONS ARE MANAGAED AND FUNDED............................22
SOURCES OF FUNDING........................................................................................................22
PERSONAL CAPITAL.........................................................................................................22
CROWD FUNDING.............................................................................................................22
ANGEL INVESTORS...........................................................................................................22
BANK LOANS......................................................................................................................22
MANAGEMENT......................................................................................................................23
SOLE PROPRIETORSHIP...................................................................................................23
PARTNERSHIPS..................................................................................................................23
CORPORATIONS.................................................................................................................23
LIMITED LIABILITY COMPANY.....................................................................................23
METHODS FOR RESOLVING CONFLICTS AND DISPUTES...............................................24
MEDIATION.............................................................................................................................24
ARBITRATION........................................................................................................................24
LITIGATION............................................................................................................................24
NEGOTIATION........................................................................................................................24
SOURCES OF LEGAL ADVICE.................................................................................................25
FEDERAL TRADE COMMISSION........................................................................................25
KENYA REVENUE AUTHORITY.........................................................................................25
SCORE......................................................................................................................................25
TRADE ASSOCIATIONS........................................................................................................25
PRO BONO SERVICES...........................................................................................................26
REFERENCES..............................................................................................................................27

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PART A
DIFFERENT SOURCES OF LAW
Law is defined as a set of rules and regulations set by a certain authority in a community or
organization and the people are subject to penalty if violated. This can be a type of policy or law
that is acknowledged and imposed by court. For instance, a person who committed an act of theft
is subject to imprisonment if guilty (Dictionary.com, 2021). Sources of law also known as
sovereign are where the laws are originating from. Carrefour needs to make sure that it’s
business operations are in line with the Kenyan law.
The three main sources of law include;
CONSTITUTIONAL LAW
Constitutional law is a set of principles, rules and practices of a nation or community, which
determine the authority and obligations of the government. These obligations include making
sure that people’s rights and needs are addressed. An example of constitutional law is that the
employees of Carrefour should have the right to freedom of speech (Shugart, 1999).
STATUTORY LAW
Statutory law is inferior to constitutional law. The constitution is directed to government conduct
whereas the statutory law is directed to private relations. A statutory law is a written piece of
legislation that is either implemented through written or voting by a legislative branch
(UniversityOfMinnesota, 2015). Some examples of statutory rights relating to Carrefour are, it
should pay a salary to employees that is above the legal minimum wage, awarding employees
with vacations, sick leave etc. (Davis, 2021).
JUDICIAL LAW
Judicial law also known as case law is the source of law a set of legally binding standards of
conduct that are imposed, recognized, and implemented by governing authorities. Common law

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is under judicial law and is characterized as a set of laws created by judges when they give
decisions on cases (Yourdictionary, 2021). Common law has an effect on how businesses are
operated within a nations jurisdiction. This source of law has an impact on international
businesses. For example, Carrefour being an international business it affects how it is regulated
in terms of tax regulations and compliance (Weaver, 2016).
THE ROLE OF GOVERNMENT IN LAW MAKING
The government is divided into 3 branches, the judiciary, the executive and the legislative. All
the branches are autonomous of one another and their respective duties are defined by the
constitution (Gĩthĩnji, 2021).
The following are the distinct roles of the individual branches of the government;
LEGISLATURE
The legislature is the branch of government in charge of enacting legislation. It is the agency's
job to define the state's will and provide it with legal power and authority. A bill will go through
nine stages before fully becoming a law (Gĩthĩnji, 2021).
EXECUTIVE
The executive is the branch of government in charge of the state's day-to-day operations. The
executive branch carries out and enforces laws (Weaver, 2016).
JUDICIARY
The judiciary is the system of courts that resolves legal disputes and interprets, defends, and
implements the law in legal matters (Weaver, 2016). The judges know how to apply laws when
they decide the cases that come before them. Every legislation requires the correct interpretation
before it can be applied to a specific circumstance. The judges are in charge of this role. (Ghai,
2014).
The following are the nine stages that a bill must go through to become a law;
The bill has to first be drafted by a congress member such as the senate or house of
representatives. The bill must then be submitted after it has been written and presented either in

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the house or senate. The bill is taken to the committee upon proposal. When a bill is sent to a
committee, it is thoroughly studied to evaluate its chances of passing by the entire Congress.
Frequently, committees submit bills to subcommittee for their consideration. When a bill is not
acted on by the committee, it is considered a dead bill. The committee will mark up the bill and
make modifications and amendments before presenting the bill to the floor then there is more
debate and representatives of the whole chamber vote to accept the modifications. The bill is
then referred to another chamber and has the authority to accept it, reject it, ignore it or alter it.
Finally, the bill is then delivered to the president when it has been accepted by the senate and
house. The president can approve the law or decide to decline it (Steinkraus, 2014).
THE APPLICATION OF STATUTORY AND COMMON LAW IN
THE JUSTICE COURTS
The method of determining common law for certain cases commences with research, discovery
of the prior relevant cases, and the collection of statements issued to eventually identify the
applicable common law. Higher court decisions take precedence over lower court decisions and
previous cases. Statutory laws have already been drafted and only need to be applicable to a
particular case. On a daily basis, common law is being developed without any extra cost to state.
Statutory law is created by a government and then structured into law codes. They include all
areas that are governed solely by statutes and also where common law is inapplicable The bill is
forwarded to the President once it has been passed in identical form by both the House and the
Senate. If the law is approved by the President, it is approved and becomes law if not then it is
vetoed. If somehow the President vetoes a bill, Parliament may try to override it. If the bill is
passed by both the Senate and the House with a two-thirds majority, the President's veto is
overturned, and the bill becomes law (Gĩthĩnji, 2021).

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EFFECTIVENESS OF THE LEGAL SYSTEM IN TERMS OF
RECENT REFORMS AND DEVELOPMENTS
The following are the different reforms and developments of the 2020 tax policy and the
impact they had on Carrefour;
IMPACT OF THE 2020 TAX POLICY ON CARREFOUR
VAUE ADDED TAX (VAT)
VAT is one of the government's most important sources of revenue. VAT is a consumption tax
that is levied anytime a value is added to eligible products and services at every level of the
supply chain, from manufacture to consumers. It is charged on the consumption of taxable goods
and services provided or imported into Kenya. The tax is collected and submitted to KRA by
registered individuals at specific points in the supply chain (Munandi, 2021).
The change from a 16% to 14% VAT will decrease the taxable value of the products and hence
the VAT amount. Because of this change, Carrefour was able to make their products more
affordable to consumers and also create more promotional material to attract newer customers.
Ultimately it led to a positive correlation from the amount of revenue being generated after as
products became cheaper to the average consumers that were being affected financially by the
pandemic (EYGlobal, 2021).
PAY AS YOU EARN TAX
The Kenyan government had suggested a complete tax exemption for persons making up to
24,000 Kenyan shillings per month. Many Kenyans gained from this as it increased spending
power for those in this income bracket. Pay as you earn rates were reduced from 30 percent to 35
percent. This enabled the government to allocate extra resources to comfort impacted individuals
in the event of a salary decrease. It also benefited Carrefour because it’s employees were more
motivated to continue working even in the middle of a pandemic (Mwangi, 2020).
TURNOVER TAX
Turnover Tax (TOT) is a tax levied on a company's gross sales under section 12(c) of the Income
Tax Act (KRA, 2021). Marking the onset of the Covid-19 outbreak, the Kenyan government
reintroduced new tax policies in an effort to protect taxpayers from the negative impacts of the

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virus. This initiative reduced turn over tax from 3 percent to 1 percent. Carrefour was advised to
submit and pay for turn over tax each month or it would result in penalty. Missed payments
would result in the 5 percent penalty on tax owed, whilst late submission results in five thousand
Kenyan shillings penalty each month (Mgkconsulting, 2020).
THE POTENTIAL IMPACT THAT EMPLOYMENT AND
CONTRACT LAW HAS ON CARREFOUR
A contract is a formal agreement that describes the conditions of a deal between two or more
parties. It typically describes the work that will be completed, as well as key details such as
deadlines and expenses, in a business. The agreement is formed by one party giving the offer and
the other(s) accepting it (Faris, 2019).
EMPLOYMENT LAW
Carrefour has employment contracts in place which is an important document since it governs
the terms and conditions of work between the employer and the employee. For employees to
work at Carrefour they must have an agreement with Carrefour that addresses matters such as
working conditions, health and safety and leave days. Carrefour may wish to establish a contract
that ensures any work generated by the employee while working for the business stays property
of Carrefour. If a dispute arises in the future this sort of clause might save Carrefour on legal fees
(Humphries, 2015).
CONTRACT LAW
Carrefour has supplier contracts in place with its suppliers, which is a contract in which a
supplier offers to deliver all of the specified products or services that a business requires over a
set time period. By Carrefour creating a contract with their supplier such as Brookside, it has
enabled them to outsource non-critical operations, allowing Carrefour to use specialized product
or service expertise while lowering internal workloads and boosting efficiency. Examples of
these include full-fledged services like supply chain management and logistics (Upcounsel,
2021).

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COMPANY LAW
Carrefour has company law set in place to safeguard everyone including employees,
shareholders and executives. Through company law Carrefour’s directors cannot utilize their
authority for anything besides the intended purpose. For instance, adjusting who held shares in
Carrefour to prevent a takeover bid can be considered an inappropriate use of authority and so
prohibited (Access2barristersdirect, 2021).
THE IMPACT ON CARREFOUR THROUGH
DIFFERENTIATION BETWEEN LEGISLATION,
REGULATIONS AND STANDARDS
LEGISLATION
Legislation is a collection of laws enacted by the government to safeguard companies,
employees, and customers. Carrefour must follow the laws to guarantee that all parties
participating in a business are treated fairly and safely (BBC, 2021).
Legislation can be important to Carrefour as it helps improve employee relations and boosts
employees' feeling of impartiality and confidence in Carrefour. It can also contribute to the
achievement of strategic HR and Carrefour objectives (Horgan, 2021).
Carrefour has to be in compliance with government regulations which entails a number of both
time and capital. Some expenses are spent as a result of time necessary to implement certain
processes such as employing more staff and ensure legal requirements are satisfied (BBC, 2021).
REGULATIONS
Regulations serve a significant and required function to businesses. Regulations are laws that are
enacted by government regulatory bodies after being approved by their Congress (Swanson,
2019). Examples of Kenya regulatory bodies include the capital market authority and the Kenya
bureau of standards.

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Regulations are generally important to Carrefour as they help give it a general sense of direction
and also standardize its processes. Regulations are necessary since certain businesses are not
self-regulating and may engage in acts that are destructive to their societies. For instance, if the
Kenyan government did not set in place regulations on factory emissions, businesses like
Carrefour would be unconcerned about detrimental impacts of emissions coming from factories
in order to save money from methods of safe emissions (Bohatala, 2019).
Regulations aid in the prevention of consumers being exploited. When there aren’t any
regulations, companies can exploit customers at huge costs, businesses such as Carrefour would
not make items with high quality standards and the negative effect of using specific products
would not be put in place (Bohatala, 2019).
Regulations may have a lot of positive impacts on businesses such as Carrefour, but they also
have some negative impacts. A lot of African countries including some parts of Kenya have
weak implementations of government regulations. As a result, multinational businesses such as
Carrefour may take advantage of this and underpay employees and also put them in bad working
conditions (Bohatala, 2019).
STANDARDS
A standard is a predetermined manner of executing something. Standards can include a wide
variety of actions conducted by businesses and utilized by their consumers, such as
manufacturing a product, managing a process, providing a service, or distributing materials
(Bsigroup, 2021).
Standards help Carrefour to mitigate risk and grow in a sustainable way, Standards specify
quality and minimal criteria and give accepted solutions for consumer, health, safety, and
environmental conservation. The probability of accidents may be clearly decreased by adhering
to quality and safety standards such as the hazard communication standard from the
Occupational Health and Safety Administration (OHSA), thus greatly contributing to the health
protection of Carrefour’s customers and employees (SNV, 2021).

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A set of criteria can be put in place for manufacturing companies so that the goods match the
requirements as every other manufacturer in the sector. Standardization applies to items
marketed in a single geographical place or on a worldwide scale. Though this Carrefour can
make sure that their customers receive comparable items irrespective of the manufacturer (SNV,
2021).
A disadvantage of standards is that, market conditions change regularly, and organizations that
adapt fast are better able to capitalize on them. Standardization can also limit creativity,
especially in product design. For instance, mployees at Carrefour may believe they are taking an
unwarranted risk by proposing new ideas or demanding modifications to long-established
policies (Contributor, 2020).
EVALUATION OF THE LEGAL SYSTEM AND LAW
The legal system consists of laws, processes and organizations that enable private and public
endeavors to be conducted legally. The legal system also expounds on the general rights and
obligations in many forms such as the tax system and the electoral system (Alvendia, Kelly, and
Demarest, 2021). Common law, civil law and religious law are the globe’s 3 main legal systems.
Jury systems are judicial methods used to determine evidence discovered in a lawsuit. A tax
system is a legislative framework that assesses and collects taxes. The electoral systems are legal
structures that allow democratic decisions to be made (Alvendia, Kelly, and Demarest, 2021).
JURY SYSTEM
A jury is made up of individuals who have been called and pledged to rule on the evidence in
question during a trial. The jury is made up of individuals that represent a bridge of a
community. During a case, the judge takes earing of all evidence, assesses the facts established,
then makes conclusions out of the findings to create the foundation for a verdict. For instance, in
criminal trials the judge rules if a defendant is guilty of an offence or not while in civil cases he
or she rules if the defendant is to be liable or not (Americanbar, 2021).

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COMMON LAW
A set of unwritten laws referred to as common law is built upon legislative doctrine set by courts.
In exceptional instances which a result cannot be reached by current legislation, common law
can impact choice in judgment on certain decisions. A precedent, also referred to as stare decisis,
is a series of court rulings that serve as the foundation of subsequent cases. Since there isn’t a
formal legal code applied to a particular case, common law also referred to as case law, depends
on extensive archives of previous events and legislation. The judge sitting over a matter decides
what precedents are applicable to a particular case. The judge sitting over a matter decides what
precedents applicable to such a case. Cases heard in subordinate courts must follow the example
established by higher courts. This approach ensures continuity and uniformity with in legal
justice system of the United States. Subordinate courts, on the other hand, have the authority to
amend or diverge from precedents when they are obsolete or when the present case is
significantly different from the preceding case. Subordinate courts may also vote to overrule the
precedent, though this is uncommon. As time has passed, common law has served as foundation
of new laws. For instance, the United Kingdom for a long time has had an offense of common-
law more specifically in outraging public decency laws (Chen, 2021).
CIVIL LAW
The civil law system represents the public and is regarded as the only authentic source of
legislation for the public. It aims to produce a comprehensive, thorough and documents legal
system that is comprehensible to an average person and applicable in most situations. As a result,
legal codes in nations that re based on civil law are often significantly longer than those based on
common law. Civil law has the standard pattern containing a definition of crimes, different
important legal codes and applicable actions of law. An example of civil law can be murder or
theft (Britannica, 2021).
RELIGIOUS LEGAL SYSTEMS
Religious legal systems are those in which the legislation is derived from writings or practices
within a certain religious culture. Several Islamic countries have legal systems that are entirely or
partially founded just on the Quran. Mixed legal systems are those in which 2 or more of the
preceding legal systems coexist (Maxwel, 2021).

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THE LEGAL FORMATION OF THE DIFFERENT TYPES OF
BUSINESS ORGANIZATIONS
A business organization is an institution that is formed to conduct commercial activities. There
are several forms of business organizations that are governed by elements like taxes,
documentation, personal liability, and how capital is raised and invested for the business. There
are four major forms of business organizations which include, partnership, limited liability
company (LLC), sole proprietorship and corporations (Steiert, 2021). The following are the
different steps needed to form the different forms of business organizations;
SOLE PROPREITORSHIP
A sole proprietorship is a form of business that is owned by only one individual. Sole
proprietorships are not separate entities from their owners because all profits and losses are taxed
against their own incomes tax returns, this also means that they can use their own names as the
name of the business. Examples of sole proprietorships can include tutors and virtual assistants
(Steiert, 2021). The following are the steps needed to legally form a sole proprietorship;
1.PICK A NAME
For sole proprietorships, if one is using a name other than their own, one must apply for a Doing
Business As (DBA) type of name. Most states demand the DBA before one can acquire a license
or permit. Banks also more often than not require a DBA in order to use business checks. One
must pick a name that is original and distinctive and then make sure that it hasn’t already been
taken before applying for the DBA. It is encouraged to also trademark the name so that it doesn’t
get used by other businesses (Ford, 2021).
2.ACQUIRE PERMITS AND LICENSES
Rules will differ by state, one may be required to get a permit or license at state levels.
Platforms such as QuickBooks licenses can assist in locating the relevant permits and licenses
(Ford, 2021).

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3.ESTABLISH SEPARATE FINANCES
One must create a business bank account separate from their personal and also obtain a business
credit card to be used just for company needs. This makes tracking business expenditures,
revenue as well as taxes being simplified. If one fails to keep one’s personal and business
spending separate, it might lead to tax audits (Ford, 2021).
4.REPORTING TAXES
If one does not have workers, then one is legally the same as one’s business and may record
taxes using the KRA schedule. If one desires to employ workers, they must acquire an Employer
Identification Number (EIN) and utilize it to submit taxes. One must also submit taxes quarterly
as contrary to their workers who must submit annually (Ford, 2021).
PARTNERSHIPS
A partnership is a form of business organization that is formed by two or more individuals.
These individuals are considered to be partners therefore sharing management of the business as
well as earnings and losses. (Steiert, 2021). The steps to legally forming a partnership
include;
1.CHOOSE A PARTNERSHIP NAME
In almost all states, partnerships are required to use either a tradename or surnames from the
individual partners of the business. If a fictitious name is used, then it should be original and
distinct form other businesses (Mathias, 2021).
2.REGISTERING THE FICTITIOUS NAME
One cannot start selling goods and services under the fictitious name unless they have met the
requirements for registering it with their local state. Generally, one should register the name with
their state and clerk. Some states require that one publishes their declaration in the local
newspaper. Once all the publishing requirements have been met, they need to inform the
licensing agency (Mathias, 2021).
3.CREATING AND SIGNING THE PARTNERSHIP AGREEMENT
A partnership does not require a partnership agreement, nevertheless, it is encouraged because it
aids partners in avoiding ambiguities and errors. Even though there are partners that are well-

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meaning and honest, they might still legally struggle without it if information such as the
allocation of losses, profits and drawings are not documented (Mathias, 2021).
4.WORKING WITH REGULATIONS AND TAX REQUIREMENTS
Partnerships need to comply with tax registration and licensing requirements that include;
 Employer Identification Number (EIN): Whether or not a partnership employs workers,
they are required to get an EIN for tax filing reasons (Mathias, 2021).
 Business licenses: Based on the sort of operations the business is carrying out, the
organization may need to acquire a business license. For instance, the organization may
provide financial services so it should adhere to state accounting licensure standards
(Mathias, 2021).
 State tax regulations: A partnership may be needed to record and pay taxes like use tax
according to its operations and the state it resides in (Mathias, 2021).
 Employer registration: If the partnership wants to employ workers, it must consider the
state’s employer registration procedures. Almost every state requires for partnerships to
pay worker’s compensation tax (Mathias, 2021).
5.INSURANCE
The members in the partnership are individually accountable for the obligations and debts of the
business. Acquiring business liability insurance can act as a financial safeguard for unanticipated
disasters. If the partnership is to be hit with a lawsuit, insurance will safeguard the partnership
and its members’ personal assets (Mathias, 2021).
CORPORATION
A corporation is a distinct legal entity that is headed by an appointed board of directors. The
business’s shareholders are the ones to elect the directors. Based on the scale of the business, one
individual can serve as a director, owner and CEO all at the same time. Carrefour is registered as
a corporation and corporations have the same lawful rights as an individual, with the exception
of the power to vote (Steiert, 2021). The following are the steps needed to legally form a
corporation;

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1.HIRE A TRANSACTIONAL ATTORNEY
An attorney should help with the process of forming the organization. The formation of
corporate organizations and regulations differ from state to state and are continually changing.
An attorney is essential in overseeing the procedures and preventing difficulties (Schooley,
2020).
2.APPOINT A REGISTERED AGENT AND FILE THE ARTICLES OF
INCORPORATION
All corporations should acquire a registered agent inside the state in which articles of
incorporation are being filed. If a corporation is involved in legal proceedings, an agent is the
person or business that will take on the necessary notice. The agent should also be a legal
resident of the state that the paperwork was filed in (Schooley, 2020).
3.CREATE THE CORPORATE BYLAWS AND APPOINT DIRECTORS
Adopting corporate bylaws is advisable because they outline the rights and obligations of the
organization’s directors, officials and shareholders, upholding corporate formality. Bylaws are
also reviewed by creditors and banks to determine the authenticity of the organization (Schooley,
2020).
4.ISSUE STOCK
Shareholders that provide funds, assets, services and other assets for the organization are eligible
to stock also referred to as ownership interests. The stock given is equal to the contribution
(Schooley, 2020).
5.FILE DOCUMENTS REQUIRED BY SECRETARY OF STATE
Some states may require what is known as a statement of information, also referred to as an
annual report which the procedures to this differ from state to state (Schooley, 2020).
6.FILE ANY NECESSARY KRA FORMS
All corporations need to obtain an employment identification number (EIN), which is needed
when opening business accounts with the bank and also used for filling business taxes (Schooley,
2020).

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LIMITED LIABILITY COMPANY (LLC)
A limited liability company (LLC) is a form of a business organization that safeguards personal
assets of the owners from legal business faults and incidents (Steiert, 2021). The following are
the steps that are needed to legally form a limited liability company (LLC);
1.PICK A NAME
If one is going to establish a business name as something other than a personal name, a state
might require that the business registers for a Doing Business As (DBA) name. The prospective
trademark must be distinct from other businesses and should not infringe on any other
trademarks. Numerous states mandate the addition of limited liability company or an equivalent
acronym to the ending of the trademark name (Bailis, 2021).
2.CREATE THE ARTICLES OF ORGANIZATION
Every limited liability company must produce articles of organization, which include crucial
information about the business like location of the business, members of the business, and the
business name (Bailis, 2021).
3.SELECT A REGISTERED AGENT
Almost every state requires businesses to have registered agents to handle legal communications
for the business. The agent has to be a person or even a business allowed to carry out business in
the state. The agent can be either a member of the limited liability company or it can outsource
services (Bailis, 2021).
4.FILE WITH THE SECRETARY OF STATE
Some states permit individuals to file online, whereas some need one to make and submit the
articles of incorporation. Certain states refer to the articles of incorporation as a "certificate of
formation" or "certificate of organization," and each has its own set of filing requirements
(Bailis, 2021).
5. FEE
Although sole proprietorships and partnerships enable anyone to set up a business for free,
establishing a limited liability company costs money. The majority of filing expenses are
generally around 1000 dollars (Bailis, 2021).

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6.PUBLICATION REQUIREMENTS
In some states, one must publish their intent to local newspapers in order to establish a limited
liability company (Bailis, 2021).
7.OBTAIN AN LLC CERTIFICATE
One should get a limited liability company certificate of establishment from their agent, response
times differ depending on the state (Bailis, 2021).
8.REGISTER FOR AN EIN
The employer identification number (EIN) is a company’s equivalent of a security number,
giving one the ability to create business bank accounts, recruit personnel and conduct
commercial transactions (Bailis, 2021).
9.GET PERMITS OF LICENSES
It is critical to ascertain if the organization requires licenses and permits to function at local state
levels (Bailis, 2021).
10. CREATE AN OPERATING AGREEMENT
Though it is not required for registration with state, an operating agreement should be a must
document for any limited liability company. It specifies the LLC's activities and policies, as well
as the members' obligations and responsibilities (Bailis, 2021).
THE ADVANTAGES AND DISADVANTAGES OF THE
FORMATION OF DIFFERENT TYPES OF BUSINESS
ORGANISATIONS
SOLE PROPRIETORSHIP
Sole proprietorships are affordable as well as simple to establish and there is no requirement for
formal registrations or inform the state officials as long as the owner is in control of activities.
The only payments associated would be those required to register your company name and get
the necessary permits (Bishop, 2021).

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Because a lone proprietor’s personal obligation reflects risk, banks may be unwilling to give a
loan or extend credit. Sole proprietorships find it difficult to attract investors because the
organization is technically not registered and not supposed to have shareholders (Bishop, 2021).
PARTNERSHIPS
In comparison to working as a sole proprietor, working in a partnership allows one to benefit
through camaraderie and group solidarity. Launching and operating a business on one’s own may
be difficult and intimidating, especially if one has never before, operating as a group helps with
this (Korchak, 2017).
In a partnership, decision making might be slower in comparison to operating an organization as
a sole proprietor since one will have to communicate and debate issues with the partners. Where
there is a disagreement, partners will negotiate to reach an agreement. This can result in missing
a lot of opportunities. Usually, this will irritate a partner who is accustomed to controlling all
company decisions (Korchak, 2017).
CORPORATION
A benefit of the corporation organizations is that owners of the organization possess limited
liability implying that the business’s lenders may only make claims on financial assets in the
business’s name. If Carrefour was to get into a legal situation with its creditors for not paying
debt in time, they would have no rights over the owners’ personal assets (Huston, 2020).
A disadvantage that Carrefour’s owners might have found from running a corporation is that it is
expensive and time consuming. This is due to the fact that forming a corporation entails start up
fees, operational costs and tax expenditures. Other business forms do not necessitate these
expenditures (Huston, 2020).
LIMITED LIABILITY COMPANY
An advantage of a limited liability company is that they do not need to pay taxes at the registered
business level. All profits and losses are to go through the shareholders and are recorded onto
personal tax returns. Any taxes owned are handled individually (Huston, 2021).

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A disadvantage of limited liability companies is that ownership is usually more difficult to
transfer compared to corporations. It is easy for corporations to offer stock shares to expand
ownership but in limited liability companies, every shareholder must authorize adding new
members or changing the shareholding percentages (Huston, 2021).
HOW BUSINESS ORGANISATIONS ARE MANAGAED AND
FUNDED
SOURCES OF FUNDING
PERSONAL CAPITAL
The solo proprietor might put his or her own money into the growth of his or her organization. A
sole trader that is optimistic about on their company’s long term growth could be willing to
invest their own personal capital in the company for development. This relieves the sole trader
from the burden of interest charges while allowing them to maintain complete control over the
organization (Sandler, 2019).
CROWD FUNDING
Crowdfunding platforms enable businesses to raise money through a series of minor donations
from various individuals. Once can use crowdfunding in a way that the owner(s) sell stock for
investment or an incentive based crowdfunding strategy in which the investors receive benefits
or prizes in return for their funds (Team, 2018).
ANGEL INVESTORS
Angel investors are private investors, generally people who were previously entrepreneurs
themselves and want to invest in startup businesses in exchange for a percentage of the company
ownership. Angel investors are an excellent approach to get seed funding for a certain
organization since they can also provide advice and support (Team, 2018).
BANK LOANS
Traditionally, businesses seek bank loans to support business operations. One’s business model,
as well as predictions of the earnings for the following several years, are critical in convincing

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the bank that you are a risk to take. In making its financing decision, the bank also will consider
the individuals' qualifications and expertise (Sarokin, 2018).
MANAGEMENT
SOLE PROPRIETORSHIP
All managerial and commercial decisions are made by a sole proprietor of a sole proprietorship.
The management responsibilities begin whenever the business officially opens. A sole proprietor
sets their own operating hours at any time of the day as well as creating the costs of the products
and or services (Howell, 2021).
PARTNERSHIPS
If not specified in an agreement, every partner in a partnership has an equal amount of power to
make managerial decisions for the business. In the event of a decision making for the business,
all members are usually given an equal vote or say in this process. If the capital investment is not
equal, then votes are normally appointed according to the invested capital (Upcounsel, 2021).
CORPORATIONS
A corporation such as Carrefour has several levels of management. The owners of Carrefour
chose the board of directors that are ultimately responsible for taking on long term decisions for
the whole organization. These decisions can include searching for investors, launching new
products or even signing contracts for the business. The board then chose senior executives such
as the chief executive officer and president who oversee the businesses daily operations such as
sales (Waitzman, 2020).
LIMITED LIABILITY COMPANY
Limited liability companies are created within state legislation giving the owners the authority to
govern business operations. Every partner has the authority to engage in daily operations and
also involve the business in different business transactions such as paying for products from
suppliers (Masters, 2021).

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METHODS FOR RESOLVING CONFLICTS AND DISPUTES
MEDIATION
Mediation is the inclusion of a neutral third party into a conflict to assist the parties concerned in
reaching an agreement. The major contrast between negotiation and mediation is that in
negotiation, the independent party seeks a settlement on their own, whereas mediation seeks
assistance from a 3rd party. The mediator supervises the procedure and works with the parties to
reach a deal. A mediator does not make or impose a conclusion. All parties are closely engaged
in the process and must construct their respective settlements or agreements. If Carrefour owed a
creditor funds but was unable to repay the funds fully, instead of being sued, resolution
alternatives could be an option where the parties could exchange something else such as a
percentage of the business (Oklahomabarassociation, 2018).
ARBITRATION
Arbitration happens when one part submits a dispute to an arbiter who is an impartial third party.
Arbitration is a way of settling a disagreement that takes place outside of the courtroom. The
arbitrator is in charge of the procedure, he or she will attend to both parties and come to a
decision. Only one party will win in a trial. In contrast to a trial, appeal rights are restricted.
Arbitration has no standards of behavior, thus Carrefour and the other parties may determine and
agree on whatever they choose. Arbitration in global matters also produces better judgments than
court system. Arbitration, as compared to litigation, is less time-consuming and less costly
(Oklahomabarassociation, 2018).
LITIGATION
The method of settling legal problems via the court system and civil system of justice is known
as litigation. Litigation could be used to compel the other party to engage in the solution-finding
process. If Carrefour is embroiled in a legal battle, procedures, investigation, and presentation
standards are to be followed. If the litigants are unable to reach an agreement on how to resolve a
dispute, then a judge will determine the case in a trial (Oklahomabarassociation, 2018).
NEGOTIATION
Negotiation is the most fundamental method of resolving disputes. It is discussion amongst
parties in disputes with the objective of attempting to come to a resolution. Carrefour will be able

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to actively engage in decisions which affect them as a result of the negotiations. The negotiations
which see success the most are the ones that consider the needs of all parties. A negotiated
settlement can be formalized and enforced as a contract. Carrefour can employ this technique at
any point of a dispute, for example, before the case goes to court, during a case and after the
completion of a hearing (Oklahomabarassociation, 2018).
SOURCES OF LEGAL ADVICE
Legal advice should be any documented or spoken guidance addressing a legal problem that
affects the obligations and rights of an individual or a business receiving it. It typically involves
the expertise of detailed examination of law. Providing legal advice is a necessary function of
attorneys and therefore is synonymous with the practice of law (Adams, 2018). The following
are some general sources of legal advice that even Carrefour can utilize;
FEDERAL TRADE COMMISSION
At some point in time, Carrefour may come to believe that it’s competitors are engaging in
unlawful activities, Carrefour can refer to the federal trade commission’s antitrust laws to take
further action. The FTC explains on how to identify a potential antitrust infringement and who to
contact for investigation. The information provided by FTC is quite sufficient and would
eliminate the need for Carrefour to use an attorney (Gillman, 2015).
KENYA REVENUE AUTHORITY
When Carrefour finds any difficulties that are tax-related they can turn to the self-employed tax
center, the Kenya Revenue Authority provides a variety of resources on there (Gillman, 2015).
SCORE
This is a non-profit organization that provides guidance, mentorship and training to other
organizations regarding legalities. SCORE has business experts that offer free sessions for advice
over calls or emails (Gillman, 2015).
TRADE ASSOCIATIONS
If Carrefour is associated with a certain trade organization, it can obtain free legal guidance as
well as assistance and advice from the legal team. Legal assistance will be received online, if

25 | P a g e
Carrefour is not part of a trade organization then it should identify a few and chose the best fit
for the business (Gillman, 2015).
PRO BONO SERVICES
Lawyers in private clinics and companies frequently devote a great amount of time to pro bono
work. Pro bono services, including those provided by local legal aid institutions, are often
provided to persons whose total income level is under the 125% of the state’s poverty limit
(Team, 2021).
THE EFFECTIVENESS OF LEGAL SOLUTIONS, LEGAL
ADVICE AND SUPPORT FOR DISPUTE RESOLUTION
PREVENTS LAWSUITS
By Carrefour using a certain source of legal advice such as employing an attorney helps limit the
company’s vulnerability to lawsuits notably the employment lawsuits. An attorney can assist
Carrefour in help putting the organization in compliance with the state laws. Carrefour should be
forward-looking before the lawsuit starts in order to reduce the amount of complications that
may occur later on (Flpatellaw, 2017).
CHOOSING A SUITABLE BUSINESS STRUCTURE
Selecting a right business structure for the organization is critical because one might face
unwanted legal complications later on if they do not structure appropriately from the beginning.
One needs to engage an attorney to evaluate the organization and aid in understanding
responsibilities, tax requirements, employee queries, startup fees to determine which business
structure is most ideal (Flpatellaw, 2017).
INTELLECTUAL PROPERTY
Innovations, branding, creative works and product lines are examples of intellectual property. It
is critical for Carrefour’s intellectual property to be protected in order to keep the organization
distinctive. Legal advice can assist Carrefour in protecting and preserving legal rights to IP
(Flpatellaw, 2017).

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COMPENSATION ISSUES
In order to address numerous salary difficulties in Carrefour, legal advice is required. An
experienced business lawyer can assist businesses in resolving compensation and payroll
concerns. The lawyer has an obligation to make certain that their clients do not breach pay and
benefits laws. If there are any inconsistencies, the repercussions might be severe (Thomas,
2019).

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