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1. What is
a sole proprietorship?
A sole
proprietorship is the most basic form of a business
organization.
A sole proprietor is an individual who carries on a business by
him or herself.
They can carry on business under their own name or under a trade
name;
However, any trade name that a sole proprietor wishes to use
must be registered in accourdance with the business names act.
Regardless of what name is used a sole proprietor will be
personally responsible for any liabilities of the business.
2. What
is a partnership?
For legal
purposes a partnership is a relationship between two or more
people carrying on a business in common with a view towards
profit. Partnerships are governed by the partnerships act. As
with a
sole-proprietorship a partnership may conduct business under the
names of the partners, or may use a trade name if that name is
registered by them pursuant to the business names act. Again as
with a sole proprietorship partners are personally responsible
for the liabilities of the partnership.
3. What
is a limited partnership and how is it different from a
partnership?
A limited
partnership is a form of partnership where there's at least one
general partner, and at least one limited partner. The general
partner or partners have unlimited liability for the debts and
obligations of the partnership, the limited partner may enjoy
limited liability for the debts and obligations of the
partnership but will also have limited control over the business
of the partnership. A Limited partnership is governed by the
limited partnership act and must be registered under that act.
4. What
is a business corporation?
A business
corporation is an organization which is created by law to be a
separate legal person or entity. A business corporation
has its own existence, and rights and duties which are separate
from those of the individual shareholders of the corporation. It
can own and acquire property and has obligations separate from
the individual shareholders. The shareholders of the corporation
are separate from the corporation and as such are not liable for
the liabilities of the corporation. Also the corporation is not
liable for the obligations of the individuals. At the same time
it's important to remember that the assets of the corporation
are not the assets of the shareholders.
5. How
do I incorporate a business?
Ontario
business corporations are governed by the Ontario business
corporations act. This act governs the structure and functioning
of business corporations. It requires that any Ontario business
corporation must be properly incorporated and registered. Al
Ontario business corporations must have at least one shareholder
and at least on director. The act governs such issues as the
roles of officers, directors and shareholders and outlines the
reporting and record keeping requirements of the corporation. If
the corporation wishes to operate under a name other than its
official name the corporation must register that name pursuant
to the business names act. |