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Legal Issues in Business Organizations, Tourism and Events Organizations

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Added on  2023/06/18

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This essay discusses the formation of different types of business organizations and the legal solutions that can be implemented to resolve disputes. It covers sole proprietorship, companies, and partnerships, and also explains alternate dispute resolution methods like arbitration, mediation, conciliation, and negotiation.

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Legal Issues in
Business
Organizations,
Tourism and Events
Organizations

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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
The formation of three different types of businesses organizations of your choice and explain
the appropriate legal solutions to resolve different types of disputes.........................................3
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
In UK there is statutory and common law and they also framed different types of
legislation in order to manage the business functions and also to embrace the working in
effective methods and ways. It also enforce the laws which are enacted in order to manage all the
individuals rights and along with that the legal rules which are needed to be followed in
organisation. It cover different kind of business practises which are like sole proprietorship,
corporation, partnership, companies and many more. It focus on providing the maximum
economy and growth and also to enhance the GDP of the nation by furnishing different
employment and job vacancy. Their contain different kinds of issues and the policies which are
raised with general standard in order to manage the business practises (Lee and Cho 2020). This
essay will provide formation of business organisation and along with that the legal solutions
which they can implement in order to resolve the disputes arise in between them.
MAIN BODY
The formation of three different types of businesses organizations of your choice and explain
the appropriate legal solutions to resolve different types of disputes
Business organisation is an entity which promotes and practise all the commercial
activities like manufacturing, trading etc. in order to generate the profit and also to maximize the
revenue for the nation. It is considered to be the predicted system provides the legal resolution in
which exchange, incorporation, contracts, property rights etc. are carried on.
Their consist of different kind of business organisation which are made in order to carry
growth and production in UK. They are like sole proprietorship, this is mainly being practised in
all the small scale business in which all the sole owners are required to mange and all the rights
and the responsibilities are carried by them. The functioning of the business is completely
dependent on the owner and all the debts are being made by the personal assets of the individual
or through bank (Nageswaran, Hwang and Cho 2021). They even have to sell the assets in order
to manage the debts and the liabilities. The major advantages of all these business are the profit
which is generated can be kept with the owner itself and all the decision making power is in their
hand. The registration process of the company is at HMRC and it is a simple process which is
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not costly and is not time raking. The drawback which can be seen is the unlimited liability and
the burden which is being seen on the owner.
Another one is company which is mainly being registered in the public office or court, as
it can not be made by simple agreement between the members like partnership. According to
English Company law, all the companies can only be formed when their is constitutional
documentations like the Article of association, Memorandum of association and the signature
made by all the members on the first copy that are being made in registry office. It is an artificial
personality which considers to have perpetual succession distinct from the owners. It carries their
own common seal (Paraskevas 2020). Their are different kinds of company like private
company which does not involve any kind of government of As it is completely managed by the
individual who is carrying up the business and the ownership. and all the liabilities and
management is made by the directors of the company. Public company is made when the private
company willing to change and take the shares and funds for the government or the shareholders.
All the shares which are taken in it are established through the share holders prospectus and it
manage all the formal procedures which includes the registration of the company and their
general companies house registration with all the compliance and rules(Zheng, 2020). This also
manage the MOA and AOA. All the public company can be made with some procedures like
firstly the name of the company is decided and that will be according to the applicability and the
availability of the name as no registered name can be taken. They also manage to submit all the
details and the documents of the shareholders and the directors in order to manage the running of
the company and lastly the company is registered when all requisite are submitted (Kumar
2021).
Another important business formation is partnership which is made when two or more
individuals are involved in carrying the business practises. This is managed when the partners
are willing to share all the assets, liabilities, rights, loss, profit with each other. The major
responsibilities and the decision making are made by them equally. it cover the unincorporated
entities as all the partners will have to pay their personal tax and all the other earning are equally
being distributed between them. It considers to have both personal and unlimited liability which
incur for all the loss or the profit being shared. The two important kind of partnerships are like,
General partnership is mainly all such methods in which the registration of the firm is made
through HMRC and there is analysed that all the taxes and the shares are equally being divided

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in all. It also manage that the major issue which is being seen in all such partnership covers that
in case of any misconduct all the partners will be help=d equally liable for the act which is being
done by one. The other one is Limited Liability Partnership (LLP), this is quiet different from
the above as it consist to have that the partners will have limited liability for all the debts and the
loss which are made in it and that will be accountable to the amount of shares which is being
made between them. The registration of all such firms are made through HMRC along with
companies house. They also manage to compulsory make annual account funds in all the
business activities. All the members will also have to submit all there tax return through the self-
assessment and also have to provide the income tax which they gain from the profit earned
through LLP (Goel, Mazhar and Ram, 2021). Basically, they considers to pay all the national
insurance to the HMRC. Thus, all these business organisation are important and also work in a
systematic manner in order to manage the funds and revenue for the nation and also to
implement growth and success for future.
In all the business organisation there is being observed that conflicts can also arise as in
different range of practises and the employees working have different thought process. All such
conflicts can be resolved by the helps of litigation which means filing the suit and going in the
court, but this takes a lot of time and is also a costly process. The HMRC use to suggest and
encourage the dispute resolve through Alternative dispute resolution it a an important
mechanisms in which different range can be managed. It is involved in the Civil Procedure
Rules, 1986 through which all the Legal solutions can be given and the outside court settlement
can be made so as to solve the issues between the parties. This also take low cost and their main
aim is to make the dispute to resolves as early as possible. For all the tax payer their involves the
encouragement of ADR in UK (Vasileva and Tarakanova 2020).
Some important elements and advantages of ADR are like, this is a flexible process as all
the proceeding made in between the parties are simple and it also manage the suits in practise
with general adherence. This can be applied at the initial stage or can also after the litigation
whenever it is seems fit to the parties. Another important feature is this is an consensual process
which indicates that their will not be any kind of compulsion to the parties for managing for
applying alternate dispute resolution as they can either skip it if feels not fair, but in some cases
court can also make the party to focus on all the ADR methods. This alternate dispute resolution
is inexpensive as it does not amount much cost and also is time saving.
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The first method which can be used is Arbitration it is an important formal method of
alternate dispute resolution here arbitrators are appointed by both the parties in order to take the
judgements as this consist of formal tribunal process. The appointment is made through the
mutual agreement made between them, this involves flexibility in which the date, time and all
the place are being decided by the parties and the tribunals are made on odd numbers so that
majority decisions are being taken. The arbitrator use to hear both the parties and also collect the
evidence which are given in between them and provide the judgement ( Xu and et. al., 2020) .
Their decision will be enforceable as the courts judgement which is made by examination of
general facts.
The other one is Negotiation this is mainly a method in which both the parties appoint
and independent third party use tries to manage and negotiate between both of them so as to
solve the issue and also to create an amicable situation. Their main focus is to manage the win-
win situation through which if the person loss something their can be managed all the methods
and the ways. This is merely an informal process ion which the parties try to make an agreement
on the situation and the decision which are being provided by the other party (Alberstein and
Zimerman 2020).The third important method in alternate dispute resolution is Mediation it
considers to have the mediator between the parties who try to manage and make all the general
terms and the methods through which the situation is being made. It provides neutral third party
which try to resolve the dispute between them. This is a quicker and the cheaper process and it
involves all the formal agreements which are made in between all. In case when the parties
agrees on the terms and the decision of the mediation they both will sign the agreement and that
will eventually make the agreement binding. In case when the parties do not accept the order
then they can take the help of court as it is generally not termed as an important proceeding
method by the court.
Last one is Conciliation here there is being appointed an conciliator between the parties
which try to manage and bring all the conciliation among the parties and they also bring the
adaptive changes as in need. Their can be about maxi,mum 3 conciliators in the parties and they
will examine all the facts which are being made in between them and collect the evidence and
will give the necessary judgement as which seems fit. The parties will also gain the rights in
which they can select and make their own agreements mutually or by themself in order to
manage the requirements made by them. The settlement is made so as to amend all the required
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changes within it. Once the agreement is signed their can be analysed that it will create a binding
affect on all. Conciliation is mostly being used in employment contracts and also in family
dispute settlement (Abdelli, and Malika, 2020).
Thus, all these methods given in alternate dispute resolution can be used by the
organisation in order to resolve the issues with a cost effective and timely manner.
CONCLUSION
From this above essay it is concluded that there are various business organisation and all
of them carries different management and functions through which all the work is being framed
like, sole proprietorship, partnership and many more. It consist of all unincorporated and
incorporated business practises. Their is alternate dispute resolution which helps in managing
and solving all the disputes between the parties as it have methods like arbitration,
conciliation, ,mediation and negotiation. It is time saving process and also is cost effective.

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REFERENCES
Books and Journals
Abdelli, M.E.A. and Malika, A., 2020. The Contribution of Social Responsibility to Achieving a
Competitive Moral Advantage: A Case Study of Sherhal Sweets Organization. In
Global Entrepreneurial Trends in the Tourism and Hospitality Industry (pp. 217-236).
IGI Global.
Alberstein, M. and Zimerman, N., 2020. Judicial conflict resolution in Italy, Israel and England
and Wales: a comparative analysis of the regulation of judges settlement activities. In
Comparative Dispute Resolution. Edward Elgar Publishing.
Goel, R.K., Mazhar, U. and Ram, R., 2021. Informal competition and firm performance: Impacts
on input‐versus output performance. Managerial and Decision Economics.
Kumar, A., 2021. Making India a global hub for arbitration.
Lee, B. and Cho, Y., 2020. The legal structure of ventures and exit routes: A study of single-
founder start-ups in the United States. The International Journal of Entrepreneurship
and Innovation, 21(4), pp.211-222.
Nageswaran, L., Hwang, E.H. and Cho, S.H., 2021. Offline returns for online retailers via
partnership. Available at SSRN 3635026.
Paraskevas, A., 2020. Cybersecurity in travel and tourism: a risk-based approach. Handbook of
e-Tourism, pp.1-24.
Vasileva, O. and Tarakanova, T., 2020, March. Communication in the formation of the
institutional environment in the tourism industry. In Proceedings of the III International
Scientific and Practical Conference (pp. 1-4).
Xu and et. al., 2020. Financial literacy and formal credit accessibility: Evidence from informal
businesses in China. Finance Research Letters, 36, p.101327.
Zheng, J., 2020. Online Resolution of E-commerce Disputes. Springer International Publishing.
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