BUSINESS LAW 9
Businessesare guided by the prevailing legal regimes, on registration andoperational framework.Legal and regulatory regimes have significantly influenced the natureof business incorporation taking place in the contemporary world.Every society places itself in a position of influence as well as thebenefits to safeguard its interests. The investors and businessowners have to examine thoroughly these issues to conform to theirbusiness objectives and environment. In fact, most businesses fail torealize their objectives because of disagreement on the legal and theregulatory frameworks. Itis important that the firm(s) sticks to the legal and regulatoryaspects through which they were established.Depending on the prevailing conditions, business owners are supposedto examine risks and benefits of either of general partnership or alimited liability company option. In the paper, I am advising anacquaintance who wishes to set up a business with his friend, andintends to run the business as a general partnership. The intentionis to present him with a series of arguments that will persuade himthat running the business through a limited liability company wouldbe a much better option.
Ina general partnership, each partner is supposed to contributesignificant amount of money, labour, and property. The partners sharethe benefits or lose depending on the allocation of ownership. Thepartners bear the principal liability. When the business has debtsand other liabilities, the partners take personal charge of clearingthe liabilities. As such, the law meaning that one can easily auctiontheir personal items to recover the money does not cover the partnersfully. Further, each partner is liable for the actions committed bythe partner. Another major issue about general partnerships is thatthere arise management issues. Normally, the partners makeinvestments using their personal money. Reimbursement of such moniesbrings about issues that are likely to affect the operations of anorganization. Unless proper guidelines are put in place, it isdifficult to determine who undertake given responsibilities. It isalso getting difficult when establishing the governance structure forthe organization. Since the majority is formed amongst friends andrelatives, management issue is very delicate.Researchers point out that most partnerships do not realize theintended objectives due to the existent of many variables thatinfluence performance. Itis thus important for the owners to know the worth of the company orthe outlook of the future cash flows in order to determine theirworthiness and ability to run the company’s operations (Martin,2011, p. 61).
Iwould advise my apprentice to go for a LimitedLiability Companyas it generates more benefits compared to the general partnership.Ordinarily, a LimitedLiability Company(LLC) is a business structure that has legal framework that giveslimited liabilities to the owners. Various jurisdictions havedifferent legal regime that govern the operations of an organization.Operating as an LLC has several benefits. One of the benefits is thatLLCs have tax flexibility. It is up to the owners to determine theamount of money they want to be taxed. As such, the members can usethe intended figures for tax purposes without getting into problemswith authorities. Another benefit is that the owners are insulatedfrom liabilities such as debts and acts incurred by a company.Depending on the legal framework, the owners are not liable in casesof debts or unwarranted actions. In the event of a legal case, it isthe company that is sued and not the members. The firm can thus havea representative who will act on its behalf in the legal proceedings.Further, the unwarranted actions of a member do not necessarilyaffect other members, as they are not directly held liable.Forecasting in areas such as sales and service delivery is easier inLLC as the owners can easily generate short-term and long-termobjectives. As a result, this will detail how to help a companyeffectively to figure out what, how and why to get things done theright way in order to manage on the likely future risks andopportunities(Martin, 2011, p. 18).
Further,LLC has less administrative paperwork and record keeping. The benefitis advantageous to the members as it allows them to concentrate onimportant issues affecting the firm. Decision-making process is alsoeasy as the members vote depending on their share strength. It isalso true that management of LLC is easier hence making it easier torealize benefits and objectives. Management issue is an importantcomponent that influences the outcomes of an organization. With LLC,the members can utilize the strengths of each member in enhancing therealization of positive outcomes. The members also take part indrafting the governance structure and other instruments that guide anorganization. In LLC, it is easier to harmonize the resources andassets within an organization to the expectations of the members.Further, issues such as organizational culture and behavior areaddressed where the members assess the resources and competencies toretain or re-organize. Thefunctionalunits are aligned alongside the strategic plans and intended goals.It is also easier to share information, knowledge and resources toenhance the success of the intended objectives(Reuting, 2014, p. 17).
Beinggoverned as a legal entity, LLC can enter into partnerships withother firms. The approach is used to help in meeting the intendedobjectives while at the same time reduce the financial, regulatoryand legal implications that are likely to emerge in the process ofrestructuring. It is thus easier to harmonize operations, retainclients and sustain the diverse interests. LLC’s can easily engagein mergers to improve market base, buy patents, acquire brands, andlicenses, among others. Getting high loan facility from banks orinvestors is easy. Proper assessment is necessary to determine one’sstanding using the cost-benefit analysis. Nonetheless, there arejurisdictions that do not give LLC the statutory provisions (Mancuso,2013,p. 23).In such instances, an LLC may it difficult to raise capital asinvestors opt for better-understood firms.Self-imposed taxes are disadvantageous as non-taxation of the profitsleads to taxation of the individual members. The members will berequired to account for their profits when filing the returns. Attimes, LLCs do not have specific roles hence bringing confusion inthe administration of activities. In such instances, the owners areunaware of the specific people in charge. Nonetheless, the confusioncan be eliminated by drafting an LLC Operating Agreement. Further,LLC can have a limited life in case a member ceases to exist. Anagreement will help in avoiding such circumstances.
Lookingat the assessment, operating an LLC does not expose the partnershence, it is a better option compared to the general partnership. TheLLCs benefits are clear with the owners having the option to engagemanagers and employees to drive the firm’s agenda. Generalpartnership has more risks with high legal exposure to the owners.LLC has better flexibility and protection for the owners. It alsobrings varied tax options and removing personal liabilities from themembers. I would advise that LLC is right for the business.
Itis fundamental for the employers to use employment practices thatadhere to the laws within a given jurisdiction. Failure to observethe laws has negative consequences to the company. Employees can filesuit against the company, an event that is expensive as well astarnishes the image of an organization. The UnitedKingdom has entrenched the equality law that guards againstdiscriminatory actions at the workplace. TheUK Parliament passed legislation, EqualityAct 2010,which sought to strengthen the existing laws as well as sealloopholes that emerge due to changes in the contemporary world. TheAct was created due to the need to structure the high number laws andregulations that formed the foundation for anti-discrimination in thecountry. The country had at least three laws that protectedindividuals against discrimination in employment. Previously,employees were discriminated based on religion, color, and gender.The Act demands both the private and public sector to ensure equaltreatment for all individuals. Further, special treatment is accordedto pregnant women and the disabled. On disability, for instance, theAct requires employers to make appropriate adjustments in theworkplace to ensure the employees remain productive.
Forpurposes of this paper, I will seek to advise a client who employees100 people on the approaches to take to ensure that the firm adheresto the EqualityAct 2010.The law outlaws discrimination in an employee based oncharacteristics such as age, gender, disability among others. The lawis part of the European Union directives that seek to protect allindividuals irrespective of their status. The Act outlawsdiscrimination in situations such as part-time, permanent or agencyworking status. Discrimination, in any form, is disallowed in allsocieties, not just in the UK. The client needs to establish aframework that will help in ensuring that the firm does not condoneany form of discrimination. Further, it is more advisable that theclient considers entrenching appropriate diversity initiatives thatwill help in promoting coexistence within the workplace.
Disagreementsarising from the workplace are required to be resolved amicably inthe presence of the employer or trade union representative throughthe advice of a solicitor. Further, an employment tribunal helps insolving such disputes. I would advise the client to use the tribunalto help in solving the emerging disagreements with the employees. Inthe workplace, discrimination is evident during the recruitmentprocess. During recruitment, some firms tend to favor someindividuals or other terms of a contract that are discriminatory.Some workers are also dismissed without following the due process asestablished in the law. As such, it is necessary for the client toestablish an appropriate recruitment formula based on the best humanresource (HR)practices. Even after recruitment, the successful applicants need tobe given the terms of employment through a contract. The employmentcontract will help the company in case of a lawsuit. It isappropriate that the firm considers having the code of ethics thatshould be observed within the workplace. The firm should ensure thatno employee discriminates the other.
Theequality law on employment in the UK has helped in streamlining thehuman resource practices of local and foreign firms. Using anintegrated HR approach, the client should ensure that fair HRpractices are observed concerning how the firm treats its employees.It is essential for the client to balance the HRM systems with thelegal parameters. Adherence to the Act will help align the laborpractices in a fair manner. The benefits likely to emerge includereduced turn over and productivity of the employees. As such, thefirm will indicate quality performance as well as enhancedreputation. Iwould also advise the client establish a detailed recruitment policythat will the firm be recognized as a great employer. The policyshould be prepared with the guidance of a legal practitioner whounderstands the legal parameters in the country. Doing so will enablethe firm to attract and retain top talents.
Beingcrucial in administrative functions, legal and ethical matters needregular and continuous analysis to conform to the needs of thebusiness environment. Equal employment laws supplement the existingHR strategies in an organization hence, it is significant on theperformance of a firm. Another important consideration that theclient should remember is the requirements for special arrangementsto be made for the protected groups. The disabled employees should beprovided with the necessary support. Special toilets, seats, andlifts should be available for use by the disabled. Contravening suchprovisions will make the client face legal suits for non-compliancewith the Act. Lawsuits are normally costly as the firm can becompelled to pay damages to the client. The Act has clear provisionson the penalties and fines for non-compliance (Edmonds,2013, p. 6).
Agood working relationship with the external forces such as thegovernment policies, labor markets, competitors, and capital marketsis important in managing the operations of a company. The clientneeds to establish appropriate guidelines to help in entrenchingparticipative management. The approach will help in ensuring that theworkplace has an adorable organizational culture and behavior.Besides avoiding the lawsuits, it is beneficial to the client toobserve ethical and standard HR practices (Walsh,2013, p. 15).
Inconclusion, the EqualityAct 2010has clear provisions that guide firms in their day-to-day activities.The Act was implemented in a period when the humanity is entrenchingnew and better approaches that are geared towards reducing vices suchas inequality and discrimination. The client will find the Act usefulto enhance performance and reputation. I also believe that the firmwill not undergo unnecessary and costly legal battles fornon-compliance to the Act. The provisions of the Act may be many, butit is essential for the client to have competent legal officers whowill help in aligning the HR practices with the EqualityAct 2010.Equal employment laws are significant for both the short-term andlong-term performance of an organization. The performance of anycompany is dependent on the HR strategies that are put in place inthe company.
Edmonds,S. (2013). The pursuit of equal employment opportunities in the newEuropean legal order. EqualOpportunities International,15(3), 1-11.
Mancuso,A. (2013). Yourlimited liability company : an operating manual.Berkeley, California: Nolo.
Martin,A. R. (2011). Limitedliability company & partnership answer book.Austin : Wolters Kluwer Law & Business.
Plantenga,J., & Hansen, J. (1999). Assessing equal opportunities in theEuropean Union. InternationalLabour Review,138(4), 351-379.
Reuting,J. (2014). LimitedLiability Companies For Dummies.Hoboken: Wiley.
Walsh,D. J. (2013). Employmentlaw for human resource practice.Mason, OH: South-Western Cengage Learning.