Key Sources of Laws for Business Organisations in the UK
Verified
Added on  2023/06/11
|7
|2216
|98
AI Summary
This report discusses the legal context for business organisations in the UK, including the Companies Act 2006 and employment legislation. It explores different business structures, such as sole trader, general partnership, and limited liability, and provides recommendations for IOM Solutions. Course code: BMP4002
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
BSc (Hons) Business Management BMP4002Business Law Assessment 2 Report describing the key sources of laws as the legal context for business organisations in the UK Submitted by: Name: ID: Contents 1
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Introduction The business is setup by the owner in reference to earning profit with production and sale of goods, it is in a type of company and organisation. For properly function of business and to getknown inthemarketamongothercompetitorsthebusinessowner willcreatea environment for this. New businesses establishes and emerges in the market every day which leads to growth of industrial sector. The growth in industry will lead the economy to facilitating the exchange of money and trade among the people in the market. For increase in the standard of living and better future the new entrepreneurs consider start up business as an opportunity for earning money(Birinci, Berezina and Cobanoglu, 2018). The investment and capital is considered as an criteria for choosing the type and size of the business, through this they can choose type of business in small, medium or large category. The Business law helps in understand the legal structure of business and how many legal structure is available there in UK. This project report will give information in regard for the business structures, merits and demerits and the recommendation is to be given to Sam for the business expansion of IOM Solution. Businesses & Organisations in the UK The activities and management of business is carried according to the Companies Act, 2006 in United Kingdom. This act provides all the provisions for better functioning of business and also helps to run the business effectively. The employees are the main assets of a company and a business can not run without them, they help to carry out business smoothly. The behaviour of employees will be according to other employment legislations which clears the standard of their actions. Non fulfilment of obligation arises legal liability and to stay out of sight of this the companies should follow the legalities of the companies law. When a business enters the market a professional identity will be given to them for professional entry, this will provide distinct legal identity which have many components in it. The company have components as separate legal entity, perpetual existence, they have common stamp and seal in the name of business and also have the rights for suing someone and to be getting sued, this will control the rise of professional misconduct(Cappellino, 2020).When a business is started many agreements have to be concluded in its name so that a business can be started. All these are under various heads and clauses which will make difference between them like an agreement on sale and purchase of goods, etc.because of the unprofessional behaviour of the employees this will give rise to the various liability. 2
Vicarious liability is one of the liability which can arise in a business which will be operated on large scale.When an employee behaves dishonestly and acts or commits any wrongful act while they are the part of an organisation as its employee, the liability will arise on the part of employer because they are responsible for the actions of their employees and they must act within time to avoid such problems. While carrying out business they will also suffer problems such as negligent behaviour of any member of any employee while carrying out the roles and responsibilities. As the virtue, the directors have given the position of the organizational head and they have many roles and duties which were to be assigned to their posts, they have to perform all the activities with honesty and carefulness for ensuring the fair business carried out on their part. When directors do not perform their duties in proper manner then the legal liability will arise on them due to non fulfilment of there legal obligations. The directors have to perform well in respect of their authority to ensure proper decisions taken on the part of company. This is the duty of directors which ensures no conflict between employees arises, if any one do this then the directors should resolve them while promoting harmony(Cuervo-Cazurra and Li, 2021). The legal business structure of UK companies Sole trader is also known as the sole proprietor of the business. Sam is also a sole trader as he is working alone in the company. He takes all the necessary decisions of the company, IOM solutions Ltd. The profit which is earned by the company is only utilized by Sam as he is the owner of the company. Sam is having all the responsibilities towards the company. He bear all the liabilities which arise out of the business activities like repayment of loan, debt, etc. But from past two years the company is doing very well in the market due to which the demand of the services provided by the IOM solutions has increased. For the same, Sam needs to expand the business in order to meet the market demand and that is why he is looking for the various types of business composition to re organize the company. The different business structures available to Sam are as follows- Sole Trader 3
As the name suggests itself, that the business comes under this type of structure is managed by the single owner. The sole trader business structure is cost effective as it does not require much capital for the formation of the business company. That is the main reason behind the smooth functioning of this type of business. This form of business is mainly used by the small scale entrepreneurs or the young population who wants to open their startups, as it requires low investment of the capital and funds. It is mostly chosen by the single individuals who prefer to become the singleowner of their respective companies. The sole trader is accountable for the fulfillment of all the responsibilities, duties and liabilities of the company. On the other hand, he is not required to share the profits earned through the business operations as he is the sole owner. The owner can take its own decisions without any kind of interference in the process of decision making(Gitman,et.al.,2018). This type of business also holds some negative aspects in terms of the liabilities, debts, repayment of loan and bearing all losses. The sole trader needs to maintain a balance between the responsibilities and the management of the businesses. There is a strong element of confidentiality and secrecy as it is maintained by a single person.Theconcept of double taxation policy is applied on such type of business structure in which the owner has to pay the tax in the name if the corporation as well as on its personal income. It is mandatory to maintain proper details of the clients under General Data Protection Regulations. General Partnership According to partnership act for a valid partnership there should be minimum two or more than two members required who called general partners and sign the agreement. After signing the agreement, these partners become jointly liable to carry all roles and liability which involves in business. They also eligible for equal share of profit and losses. So its their responsibility to share profit and losses on time for run the business smoothly. As they are partners of profits so they have to take all risk like financial, any debt or other benefit which is necessary for business defined under partnership law. They are collectively responsible for complete every task which occurs during the business. As they sign the agreement the joint liability automatically involves so for run the business perfectly they have to maintain off accounts and other tasks or risks clear and they should be more accountable and transparency toward there duties(Lemasse, 2020). The easy investments in business makes partnership contract more reliable. The main benefit or reason for making this more attractive ,because they are share their different skills and experiences in business and their creative ideas. 4
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Which helps to improve productivity of business. But their minus point of joint liability of partnership is a wrongful act of one partner make suffers other as they are jointly liable. In case of any death or bankruptcy of any partner the dissolution or formation of partnership regulates according to the define law of partnership act. Partnership A partnership is a type of business which involves two or more persons who mutually agreed to the terms and conditions of the partnership deed. They have equal share in the profits and losses of the company. It is also known as unincorporated business entities in which the partners are self employed. They holds personal responsibilities to fulfill the requirements of the partnership firm, for example- repayment of any debt or bearing the losses. Each individual is held liable for the conduct of the other fellow partner in case of any negligence, fraud or mistake(Mogaji, 2020). The profit sharing ratio is decided between the partners. The partners pay the taxes on their personal share of profits. Limited Liability It is also termed as private limited company working as per the provisions of Company Act 2006 having separate corporal individuality and ownership by stockholders. It is a type of company where owners relish meagre liabilities of private nature. How a company is created, what are its functions, what are pre-requisites for its creation and how its dissolution takes place is also according to the provisions of Company Law 2006. The management of the company where director is the head, also constituted and governed as to their rights and duties here. Recommendations for IOM Solutions Limited Liability Company must be chosen by Sam to spread out his enterprise of IOM Resolution. This provides borderline private liabilities which will be beneficial for Sam. In order to retain the available possibilities from the marketplace, it is necessary that a business is timely expanded. This also ensures growth of the same. This aids the business in accommodating the changing circumstances. Profit generation is also expected to be higher with it. Because of its certain nature more investors are attracted to it and thus the investment capital also increases. The jural framework also enriches business with varied benefits 5
including proficient tax designing. The burden of work or to say the responsibilities are also shared amongst the management and the persons associated with business. Conclusion It can be made out from this report that appropriate administration of the enterprises is necessary for effective working. The businesses can be of different forms in regard to the status, nature and the man of affairs can chose which type he want to opt. The major concern of the management or the owners of business is business gains and revenues that are generate by it. The law of business works on dealings and conduct of business. Thus Sam should choose Limited liability Company for expanding his business. With the production of huge profits and investments, the limited liability company will help him balancing his private as well as business life. REFERENCES Birinci, H., Berezina, K. and Cobanoglu, C., 2018. Comparing customer perceptions of hotel andpeer-to-peeraccommodationadvantagesanddisadvantages.International Journal of Contemporary Hospitality Management. Cappellino, A., 2020. How to Choose the Right Business Organization Form. Cuervo-Cazurra,A.andLi,C.,2021.Stateownershipandinternationalization:The advantageanddisadvantageofstateness.JournalofWorldBusiness,56(1), p.101112. Gitman, L.J.,et.al., 2018. Corporations: Limiting Your Liability.Introduction to Business. Lemassel, M.M., 2020. Regulations of financial institutions in the US/UK. Mogaji, E., 2020. Brand name nomenclature of UK law firms.Available at SSRN 3644042. Ostrow, L., Nemec, P.B. and Smith, C., 2019. Self-employment for people with psychiatric disabilities: Advantages and strategies.The journal of behavioral health services & research,46(4), pp.686-696. Robison, L., 2021. Alternative Forms of Business Organizations.Financial Management for Small Businesses, 2nd OER Edition. Sharma, J.K., 2020. Limited Liability Partnership as a Better Alternative to Incorporation.Jus Corpus LJ,1, p.440. 6