Business Entities

Types of Business Entities

Sole Proprietorship

This is a business run by one individual for his or her own benefit. It is the simplest form of business organization. Proprietorships have no existence apart from the owners. The liabilities associated with the business are the personal liabilities of the owner, and the business terminates upon the proprietor's death. The proprietor undertakes the risks of the business to the extent of his/her assets, whether used in the business or personally owned.

Single proprietors include professional people, service providers, and retailers who are "in business for themselves." Although a sole proprietorship is not a separate legal entity from its owner, it is a separate entity for accounting purposes. Financial activities of the business (e.g., receipt of fees) are maintained separately from the person's personal financial activities (e.g., house payment).

Partnerships-General and Limited

A general partnership is an agreement, expressed or implied, between two or more persons who join together to carry on a business venture for profit. Each partner contributes money, property, labor, or skill; each shares in the profits and losses of the business; and each has unlimited personal liability for the debts of the business.

Limited partnerships limit the personal liability of individual partners for the debts of the business according to the amount they have invested. Partners must file a certificate of limited partnership with state authorities.

Limited Liability Company (LLC)

An LLC is a hybrid between a partnership and a corporation. Members of an LLC have operational flexibility and income benefits similar to a partnership but also have limited liability exposure. While this seems very similar to a limited partnership, there are significant legal and statutory differences. Consultation with an attorney to determine the best entity is recommended.

Corporation

A corporation is a legal entity, operating under state law, whose scope of activity and name are restricted by its charter. Articles of incorporation must be filed with the state to establish a corporation. Stockholders' are protected from liability and those stockholders who are also employees may be able to take advantage of some tax-free benefits, such as health insurance. There is double taxation with a C corporation, first through taxes on profits and second on taxes on stockholder dividends (as capital gains).

Small Business Corporation (S-Corporation)

Subchapter S-corporations are special closed corporations (limits exist on the number of members) created to provide small corporations with a tax advantage, if IRS Code requirements are met. Corporate taxes are waived and reported by the owners on their individual federal income tax returns, avoiding the "double taxation" of regular corporations.

Advantages/Disadvantages

Sole Proprietorship

• Simplicity of organization-this is the most common form of business organization in the United States because it is the easiest and least expensive to establish.
• Minimum legal restriction-fewer reports have to be filed with government agencies. There are no charter restrictions on operations.
• Ease of discontinuance-the business can be terminated at the will of the owner.
• The owner is truly the boss, making all decisions, keeping all profits, and assuming responsibility for all losses and debts.
• Difficulty in raising capital-this can be a problem since an individual's resources are typically less than the pooled resources of partners.
• Limited life of the business-untimely, unanticipated, or unplanned removal of the proprietor from the operation of the business may have ramifications for creditors.
• Unlimited liability-this is by far the greatest disadvantage to the proprietorship. Even though proprietors may invest only part of their capital in the business, they remain personally liable to the full extent of their assets for the liabilities of the business.

Partnership

• Greater possible capital availability
• Greater resources for decision making, support, creative activity
• Unlimited liability in general partnerships
• Divided authority-having to divide the authority for making decisions among the partners can delay the decision-making process and occasionally lead to disagreement.

Limited Liability Company

• Allow greatest flexibility for customizing the structure of the business
• Limits member liability
• In many states, an LLC may have only one member (have the benefits of a sole proprietorhop but limits liability).
• Requires comprehensive operating agreement because of the high degree of variability/flexibility

Corporation/S-Corporation

• Limited liability to stockholders-liability is limited up to the amount invested personally in the business. In addition, personal assets may not be seized by creditors to satisfy debts (although now creditors often request personal guarantees on business loans).
• Perpetual life-the business continues as a legal entity. Shares in the corporation can be passed on to heirs.
• Ease of transferring ownership-stockholders can sell their shares when they desire, if there is a market.
• Ease of expansion of the company-greater capacity to raise capital by legal sale of stock.
• Government regulation-a corporate charter must be obtained from the state, and the corporation is subject to all state and record keeping regulations that pertain to corporations.
• Costs to organize a corporation are higher.
• Unless permission is obtained from other states, the corporate charter restricts operation to the state where it was issued.
• Double taxation feature unless S-Corporation election is made.

An Effective Administrator

Characteristics & Skills of an Effective Administrator

What personal characteristics define an excellent administrator?    

An excellent school administrator will be able to exhibit characteristics that include planning ahead, having responsibility for the students and teachers and being involved in the daily activities of the school or school district. A successful administrator will be able to effectively be involved in everything that is related to the school.

The biggest characteristic that is seen in administrators is the ability to naturally lead. They must be able to come up with ideas that people will accept and be willing to follow on a daily basis. Administrators should also be able to connect with people and must have a likable personality that works well with a variety of other personalities.

Administrators of schools have demanding jobs that involve a large time commitment. They must be able to provide their students as well as faculty with constant new ideas and engagement opportunities. They are required to come up with curriculum plans as well as daily operation opportunities. A good school administrator will not only be involved with the logistics of a school district but will also be present for the daily functions of the school. These administrators will be able to communicate comfortably with students as well as teachers.
 

 Skills of an Effective Administrator

Although the selection and training of good administrators is widely recognized as one of American industry’s most pressing problems, there is surprisingly little agreement among executives or educators on what makes a good administrator. The executive development programs of some of the nation’s leading corporations and colleges reflect a tremendous variation in objectives.
At the root of this difference is industry’s search for the traits or attributes which will objectively identify the “ideal executive” who is equipped to cope effectively with any problem in any organization. As one observer of U.S. industry recently noted:

“The assumption that there is an executive type is widely accepted, either openly or implicitly. Yet any executive presumably knows that a company needs all kinds of managers for different levels of jobs. The qualities most needed by a shop superintendent are likely to be quite opposed to those needed by a coordinating vice president of manufacturing. The literature of executive development is loaded with efforts to define the qualities needed by executives, and by themselves these sound quite rational. Few, for instance, would dispute the fact that a top manager needs good judgment, the ability to make decisions, the ability to win respect of others, and all the other well-worn phrases any management man could mention. But one has only to look at the successful managers in any company to see how enormously their particular qualities vary from any ideal list of executive virtues.”¹
Yet this quest for the executive stereotype has become so intense that many companies, in concentrating on certain specific traits or qualities, stand in danger of losing sight of their real concern: what a man can accomplish.

It is the purpose of this article to suggest what may be a more useful approach to the selection and development of administrators. This approach is based not on what good executives are (their innate traits and characteristics), but rather on what they do (the kinds of skills which they exhibit in carrying out their jobs effectively). As used here, a skill implies an ability which can be developed, not necessarily inborn, and which is manifested in performance, not merely in potential. So the principal criterion of skillfulness must be effective action under varying conditions.
This approach suggests that effective administration rests on three basic developable skills which obviate the need for identifying specific traits and which may provide a useful way of looking at and understanding the administrative process. This approach is the outgrowth of firsthand observation of executives at work coupled with study of current field research in administration.

In the sections which follow, an attempt will be made to define and demonstrate what these three skills are; to suggest that the relative importance of the three skills varies with the level of administrative responsibility; to present some of the implications of this variation for selection, training, and promotion of executives; and to propose ways of developing these skills.

Three-Skill Approach

It is assumed here that an administrator is one who (a) directs the activities of other persons and (b) undertakes the responsibility for achieving certain objectives through these efforts. Within this definition, successful administration appears to rest on three basic skills, which we will call technical, human, and conceptual. It would be unrealistic to assert that these skills are not interrelated, yet there may be real merit in examining each one separately, and in developing them independently.