CS Executive · Setting Up of Business, Industrial and Labour Laws · Selection of Business Organization
Three friends in Surat start a trading firm and want the least statutory compliance and maximum control, accepting that the business will not have perpetual succession. Which factor are they prioritising over continuity?
They are prioritising ease of formation and flexibility of operation. A simple partnership has minimal compliance and gives partners direct control, but it lacks separate legal personality, limited liability and perpetual succession. Those advantages belong to companies and LLPs, which they are consciously not choosing.
- AEase of formation and flexibility of operationCorrect
- BLimited liability of members
- CAbility to attract venture capital
- DSeparate legal personality
Explanation
A general partnership is easy to form and flexible but is not a separate legal entity and does not enjoy limited liability. Their stated priorities are minimal compliance and control. Limited liability, venture capital and separate personality are features of corporate forms.
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