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Revision: Foundations of Business >> Forms of Business Organizations Business Studies Commerce (English Medium) Class 11 CBSE

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Definitions [9]

Define the following business entities:

Sole Proprietorship

  1. A sole proprietorship, also known as a solo tradership, individual entrepreneurship, or proprietorship, is a type of business owned and controlled by one person who is the sole recipient of all earnings or losses and is solely responsible for all risks.
  2. The only owner is personally liable indefinitely.
  3. All activities are carried out by a single person in a sole proprietorship entity. This sort of sole proprietorship is appropriate for small-scale businesses.
  4. Some features of a sole trader are:
    1. Single ownership
    2. No profit sharing
    3. Unlimited liability
    4. No legal formalities to start a business

Define sole proprietorship.

The sole proprietorship is that form of business ownership that is owned and controlled by a single individual. He receives all the profits and risks all of his property in the success or failure of the enterprise.

Define ‘Joint Hindu family business/firm’.

A Joint Hindu Family Business is a family concern that operates under the provisions of the Hindu Law and the Hindu Succession Act 1956. It may be defined as a business organisation which is inherited or owned, conducted and managed by the members of a Hindu undivided family, pointedly under the direction and control of the senior-most member of the family, called karta, for earning profits.

Definition: Joint Hindu Family Business

Under Hindu Law, an HUF is a family that consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. An HUF cannot be created under a contract.

Definition: Partnership
  • Section 4 of the Indian Partnership Act, 1932, defines partnership as ''Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.'' 
  • According to Prof. Handy, "Partnership is the relation existing between persons competent to make contract, who agree to carry on a lawful business in common with a view to earn private gain.

Define the following business entities:

Partnership

A partnership is a form of business in which two or more persons come together to carry on a business and share its profits and losses as per an agreed-upon partnership deed.

Definition: Partnership Deed

The document containing the partnership agreement among partners is called Partnership Deed.

Definition: Joint Stock Company
  1. “A Joint Stock Company is a voluntary association of individuals for profit having capital divided into transferable Shares, the ownership of which is the condition on membership.” – Prof. L. H. Haney.
  2. “A Company is a person, artificial, invisible, intangible, and existing only in the eyes of the law. Being a mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.” – Chief Justice Marshal
  3. According to The Companies Act 2013, Section 2 (20), the term “Company” means “a Company incorporated under the Companies Act 2013 or any previous Company law.”
Definition: Company
  • "Company means a company incorporated under this Act or any previous Company Law." - Section 2(20) of the Companies Act, 2013
  • Lord Justice Lindley defines a Company as follows: "It is an association of persons who contribute money or money's worth to a common stock and employ it for some common purpose.'' 
  • "A Company is an artificial person created by law, having separate entity with a perpetual succession and a common seal''. - Prof. Haney
  • According to Chief Justice Marshal, "A company is a person, artificial, invisible, intangible and existing only in the eyes of law. Being a mere creation of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence”.

Key Points

Key Points: Partnership
  • Meaning: A partnership is when two or more people join to run a business and share profits as per a mutual agreement.
  • Key Features: Based on agreement, profit-sharing, mutual agency, legal limit of 50 partners, and lawful business only.
  • Nature: Treated as separate for accounting, but not legally—partners are personally responsible for the firm’s debts.
  • Rights of Partners: Take part in business, share profits, check accounts, get interest on loans, and retire with notice.
  • Liabilities: Unlimited; partners must use personal assets if needed and can’t keep personal gains made using the firm’s name/assets.
Key Points: Partnership Deed
  • Meaning: A written agreement between partners outlining terms—recommended but not compulsory.
  • Contents: Includes firm name, partners' details, capital, profit-sharing, interest, salary, etc.
  • Purpose: Avoids disputes by clearly defining partners' rights, duties, and liabilities.
  • Disputes: Provides rules for admission, retirement, death, and dispute settlement.
  • Importance: Ensures smooth functioning, legal clarity, and easy conflict resolution.
Key Points: Joint Stock Company
  • Meaning: A Joint Stock Company is a business organisation where ownership is divided into transferable shares held by shareholders.
  • Origin: It emerged during the Industrial Revolution to overcome the limitations of partnerships, such as unlimited liability and limited capital, by raising funds from the public.
  • Legal Status: A Joint Stock Company is an artificial legal person with a separate legal identity and perpetual succession, created under company law.
  • Merits: It provides benefits like large capital, limited liability, expert management, public confidence, and better scope for expansion.
  • Types: Companies can be Chartered, Statutory, or Registered, and further classified as Public, Private, Limited, or Unlimited.
Difference Between Partnership and Joint Stock Company
Basis Partnership Joint Stock Company
Mode of Formation Formed by agreement; registration is not mandatory. Formed by registration under the Companies Act.
Regulatory Act Indian Partnership Act, 1932 Companies Act, 2013
No. of Members Min 2, Max 50 Public: Min 7, no max; Private: 2–200; OPC: only 1
Liability Unlimited, joint and several Usually limited to share value or guarantee
Profit Distribution As per the Partnership Deed or equally Declared by directors, approved by shareholders
Management Managed by partners Managed by the Board of Directors
Transfer of Shares Cannot transfer without the other partners’ consent Freely transferable (except in private/unlisted companies)
Business Scope Any business agreed by partners Only as per the Memorandum of Association
Winding Up By agreement or court order By legal process under the Companies Act, a court order is needed
Stability Affected by the death/retirement of partners Not affected by changes in shareholders
Key Points: Concept of Company
  • Need: Introduced to overcome drawbacks of sole proprietorship and partnership, like limited capital and unlimited liability.
  • Meaning: A company is a legal business setup formed by people contributing capital to run a business, recognised under the Companies Act, 2013.
  • Separate Legal Entity: It exists independently from its members; can own property, sign contracts, and face legal action in its own name.
  • Limited Liability: Members are responsible only for the unpaid value of their shares; personal assets are protected.
  • Perpetual Existence: The company continues even if owners or members change or pass away.
  • Transferability & Management: Public company shares can be transferred freely; managed by a Board of Directors, not by all shareholders.
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