This document discusses the suitable business structure for Obama and Osaka for setting up Economical and Healthy Food, which is a Limited Liability Partnership. It also explores the rules and procedures for registration and incorporation of Limited Liability Partnership in Australia.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
Running head: CORPORATE LAW1 Corporate law
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
CORPORATE LAW2 Answer to Question 1 The most suitable business structure for Obama and Osaka with regard to the setting up of the business titled Economical and Healthy Food would be a Limited Liability Partnership thereby implying that it would not only be a corporation but also imply that both Obama and Osaka would have limited liabilities (Bainbridge & Henderson, 2016). It further states that Obama and Osaka will not be liable for the malpractices of each other with regard to the business activities of Economical and Healthy Food. The laws of the state of Australia where Economical and Healthy Food would be based would be applicable as far as the concept of territorial jurisdiction is concerned (Kholis, Fatma, Maksum & Bukit, 2016). As Obama and Osaka are planning to take a loan of two hundred thousand dollars, the aspect relating to mortgage would apply. It is also to be seen what is the interest rate of OK bank in terms of business loans and the time frame the loan has to be repaid (Griggs, Cho, McLaren & Scheibner, 2018). As a result, it is to be seen what are the properties possessed by Obama and Osaka which is to be mortgaged to avail the loan of two hundred thousand dollars. In this aspect, the concept of commercial mortgage would apply since Obama and Osaka would be taking loan for the purpose of business titled Economical and Healthy Food as far as investment is concerned. As a result, the policy of commercial mortgage with respect to OK bank has to be analyzed carefully by both Obama and Osaka. Answer to Question 2 Each state in Australia has their own rules and procedures related to the registration and incorporation of businesses having Limited Liability Partnership. The state where Obama and Osaka plan to establish the business titled Economical and Healthy Food has to be taken into account first in order to delve in to the laws for registration and incorporation of businesses as far as their application and implementation are concerned (Lennox & Wu, 2017). Registration and incorporation of Economical and Healthy Food would help in the determination of the authenticity of its business activities in a proper and appropriate manner as far as its determination of assets and liabilities are concerned (Pacini, Hopwood & Sinclair, 2016). Since Obama and Osaka have projected that the income which would be generated in a year would amount to one hundred fifty thousand dollars as a result of the business activities of Economical and Healthy Food, registration is essential as far as the report for Goods and Services Tax are concerned taking account of the financial statements in a year.
CORPORATE LAW3 Additionally, all businesses with the status of Limited Liability Partnership are required to register themselves prior to the conducting of business through an office space. The registration must involve the policies and procedures stipulated by the Australian Investment and Securities Commission (Wright, 2017). The Economical and Healthy Food has to be issued with an Australian Company Number and Australian Business Number by the Australian Investment and Securities Commission as a result of such registration.
CORPORATE LAW4 References Bainbridge, S. M., & Henderson, M. T. (2016).Limited liability: a legal and economic analysis. Cheltenham, UK: Edward Elgar Publishing. Griggs, L., Cho, G., McLaren, J., & Scheibner, J. (2018).Commercial and Economic Law in Australia.Alphen aan den Rijn, Netherlands: Kluwer Law International BV. Kholis, A., Fatma, A., Maksum, A., & Bukit, R. (2016). Determinants Of Corporate Social Performance (CSP) Through Corporate Social Responsibility (CSR) Of Foreign Investment Companies (PMA) In Indonesia.International Journal of Economic Research,13(05), 2005-2027. Lennox, C. S., & Wu, X. (2017). A review of the archival literature on audit partners.Accounting Horizons,32(2), 1-35. Pacini, C. J., Hopwood, W. S., & Sinclair, D. T. (2016). Domestic asset tracing: Identifying, locating and freezing stolen and hidden assets.Journal of Forensic Accounting Research,1(1), A42-A65. Wright, G. (2017). Risky Business: Enterprise Liability, Corporate Groups and Torts.Journal Of European Tort Law,8(1), 54-77.