1.4.1

The options for start-up and small businesses

GCSE Business 1.4.1: limited and unlimited liability and what each means for the owner, the types of business ownership available to start-ups, and the advantages and disadvantages of running a franchise.

About 14 minutes to read

The concept of limited liability

Liability means legal responsibility for the debts of a business. It is the single most important idea in this sub-topic, because it decides what an owner stands to lose if the business fails.

Unlimited liability means the owner and the business are legally the same thing. If the business cannot pay its debts, the owner must pay them from their own money — and if that is not enough, personal possessions such as a car or a house can be taken.

Limited liability means the business is a separate legal entity from its owners. If it fails, the owners lose only the money they put in. Their personal possessions are protected.

Figure: What each means for the owner

Common mistake

Limited liability limits what the owner can lose, not what the business owes. The business is still fully responsible for its debts — it is the owner's personal assets that are protected.

Liability
legal responsibility for the debts of a business
Unlimited liability
the owner and the business are legally the same, so if the business cannot pay its debts the owner's personal possessions can be taken
Limited liability
the business is a separate legal entity from its owners, so the most they can lose is the money they invested
Sole trader
a business owned by one person, who keeps all the profit but has unlimited liability
Partnership
a business owned by two or more people who share the profits, usually with unlimited liability

Types of business ownership for start-ups

Figure: The three types named in the specification

Worked example

A plumber working alone is considering becoming a private limited company. Explain one advantage and one disadvantage.

  1. Identify what changes legally: as a sole trader he has unlimited liability; as a company he would have limited liability.
  2. The advantage follows directly — if the business failed, his house and savings would be protected, and he only risks what he invested.
  3. Identify the cost of that protection: a company must file accounts publicly and meet more legal requirements.
  4. That means more paperwork and probably an accountant's fee.
  5. Judge it against his circumstances, since a good answer weighs rather than lists.

Answer: The advantage is limited liability: if the business failed he would lose only what he had invested, not his personal possessions. The disadvantage is the extra paperwork and cost — accounts must be published and legal requirements met, which for a one-person business may outweigh the protection unless he is taking on significant debt.

Franchising

A franchise is an arrangement where one business, the franchisor, allows another person, the franchisee, to trade under its name and sell its products, usually in return for an initial fee and a share of the revenue.

The franchisee is running their own business, but within rules set by the franchisor — which is what produces both the advantages and the disadvantages.

Figure: Franchising, from the franchisee's point of view
The pattern: a franchisee trades independence for a lower risk of failure — which is 1.1.2's risk and reward trade-off in a specific form.

Common mistake

A franchisee owns their own business — they are not an employee of the franchisor. What they give up is freedom over how it is run, not ownership of it.

Franchise
an arrangement where one business, the franchisor, allows another person, the franchisee, to trade under its name and sell its products, usually for an initial fee and a share of the revenue

Before you practise

  • Unlimited liability: owner and business are the same, so personal possessions are at risk.
  • Limited liability: the business is a separate legal entity, so owners lose only what they invested.
  • Sole trader and partnership have unlimited liability; private limited companies have limited liability.
  • Sole trader: easy to set up and keeps all profit, but unlimited liability and hard to raise finance.
  • Partnership: more capital and shared workload, but shared profit and unlimited liability.
  • Private limited company: limited liability and easier finance, but more paperwork and published accounts.
  • A franchisee gets an established brand, a proven idea and support, but pays fees and has little freedom.
  • Franchising trades independence for a lower risk of failure.

Now practise it

Reading is the easy half. Answer questions on 1.4.1 The options for start-up and small businesses and find out which parts you actually know.