Setting Up Business in Canada

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Setting Up Business in Canada

Must consider their likes, dislikes, and dispositions, their immediate and long-range needs and the advantages and disadvantages of each.

Sole Proprietorships- a business owned (and usually operated) by one person who is personally responsible for the firm’s debts (liable).

  • Most are small, employing only one person, can be any size
  • May start as one, and turn into another

Advantages:

  • Freedom
  • Privacy
  • Reap rewards or suffer penalties alone
  • Simple to form -> short life span
  • Low start up costs, tax benefits

Disadvantages:

  • Unlimited liability
  • Lack on continuity -> business dies with owner
  • Reliance on one person
  • Difficulty raising money

Partnerships- a business with two or more owners who share in the operation of the firm and in financial responsibility for the firm’s debts, often extension of sole proprietorship, many professional organizations such as legal, architectural, and accounting firms are partnerships.

Types: General partnership- all partners have unlimited liability for firm’s debts

Limited partnership- one general partner and one or more limited partners. Liability is limited to financial investment in the firm.

General Partner- actively involved in managing the firm and has unlimited liability

Secret Partner- actively participates in managing the firm with unlimited liability-> identity not disclosed to public

Dormant Partner- does not actively participate in management, identity not disclosed to public, has unlimited liability

Ostensible Partner- not an actual partner but name is identified w/firm, well-known personality, promotional benefits occur _> paid in fee, has unlimited liability.

Limited Partner- liability is limited to amount invested in partnership

Advantages:

  • Larger talent/money pool- high ability to grow w/talent and money
  • Easy to form
  • Tax benefits

Disadvantages:

  • Unlimited liability
  • Lack on continuity
  • Ownership transfer difficult
  • Possibility of conflict

Corporations- a business considered by law to be a legal entity separate from its owners with many of the legal rights and privileges of a person; a form of business organization in which the liability of the owners is limited to their investment in the firm. It can e formed under the Canadian Business Corporations Act (federal incorporation) or under any provincial incorporation acts. The former is used is company is going to operate in more then one province, and the latter is used if it will only be in one province. Anything can be formed under this act (CBCA) except banks and certain insurance and loan companies.

Must state name, type, number of shares issued, number of directors, locations, and attach either Ltd/Inc.

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TYPES- private and public

Shares of Stock and Shareholders’ Rights:

  • Raise money by selling stocks to investors, then known as shareholders, profits from business are contributed to shareholders in dividends
  • Preferred Stock –shares whose owners have first claim on the corporations assets and profits but have no voting right
  • Common Stock- shares whose owners usually have last claim on corporation’s assets (after creditors and owners of preferred stock) but have voting rights.

Proxy- a legal document temporarily transferring the voting rights of a shareholder to another person

Board of Directors: A group of individuals ...

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