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Should you trade as a partnership or limited company?

March 03, 2014 by Guest Blogger

Should you trade as a partnership or limited company? /Team work concept with puzzle{{}}If you’re planning to start a business, you will need to decide how you want to trade, whether it’s as a limited company, partnership or sole trader. This will largely depend on how many people are involved, the type of business and how you want it to be run.

If you’re going into business alone, becoming a sole trader may be the best option. However, if you want to work with and employ a number of people, you can trade as a partnership or a limited company. But which one is best?

A partnership has a very different structure from a limited company in terms of accounts and liability. There are, though, advantages and disadvantages to both, so you need to know all the risks involved before you dive in.

Key features of a partnership

A partnership is similar to a sole trader business but, of course, a partnership must involve two or more people to own the business and share the responsibility. This can have its upsides and downsides, but the main points are:

Advantages 

  • Tax efficiency. With a partnership, you draw earnings, as opposed to receiving a salary through PAYE. You also don’t need to make National Insurance contributions.
  • There’s no need to register at Companies House or file annual returns, however, it’s usually recommended that a partnership agreement is made, which explains the business structure, legalities and each partner’s responsibilities.

Disadvantages 

  • Joint and several liability. This is quite a big disadvantage, but this can be overlooked at the beginning (no one wants to think about what would happen if their business fails). Each partner is liable to the entire debt of the business. 
  • Regardless of each partner’s financial status, if one cannot afford to pay any debt back and goes bankrupt, the entire debt will be left to the remaining partner(s). Worst-case scenario, a partner may have to sell the family home to pay the partnership’s debt.
  • If a partner leaves a partnership business (eg retires, changes job/career), they may still be liable if the business becomes insolvent later on. Some partners who leave a partnership choose to continue investing, because they often get a good return over the years. However, they could be brought back into legal dispute and liability clauses if the business becomes insolvent. 
  • Shared responsibility. This can lead to disputes and falling-outs. There’s the old saying: “A friendship founded on business is a good deal better than a business founded on friendship”.

As licensed insolvency practitioners, we’ve come across numerous partners who have realised too late just how liable they really are. If a partnership is the preferred type of business, all partners must be aware of what’s at stake and know exactly what they are getting into from the beginning.

What is a Limited Liability Partnership (LLP)?

This is a corporate structure that gives partners limited liability and has similar traits to that of a limited company, while keeping the tradition of a partnership. It gives partners the benefits of a partnership, but allows them to be only partly liable if things were to go wrong.

Key features of a limited company

A limited company is owned by its shareholders (usually the directors) and all profits generated belong to the company. The company debt remains separate from individuals.

Advantages

  • Directors of a limited company are not personally responsible for the company’s debt. If the company goes downhill, the directors and shareholders will undoubtedly be upset and worried for the business, however, the worry stops there. Their own personal circumstances will not be affected (eg their mortgages, savings and other personal investments are safe). However, if there has been any wrongful trading, this won’t apply. If the authorities can prove the directors have been fraudulent, they will be held personally liable.
  • Work and life at home can be separated financially because setting up a limited company means there will be clear legal boundaries between the two. This in turn can help ensure good balance and wellbeing.

Disadvantages 

  • A limited company must register and file annual returns at Companies House.
  • Companies must pay corporation tax.
  • There are more director duties and legal responsibilities.
  • Higher accountancy fees.
  • Some creditors might worry that if they are dealing with a limited liability company, they will have less protection against debts.

It’s impossible to tell how well a company may do in the future. If the business is a success, a partnership can be highly beneficial. However, if the business were to fail, would you be prepared to pay off the entire debt and put your own personal finances at stake? Regardless of the kind of business you want to set up or how many people you want to involve, you must consider all the risks (as well as benefits).

Always seek professional advice

This article provides only a basic introduction – it does not constitute legal advice. The law on partnerships in particular is complex, with little case law, therefore you should always consult a lawyer if you are worried about your personal situation in any partnership and indeed company. 

Blog supplied by Keith Steven of KSA Group is the author of Company Rescue. He has been rescuing partnerships and companies since 1994 using the company voluntary arrangement method.

Further reading 

How to reach your 'light-bulb' moment

February 26, 2014 by Guest Blogger

How to reach your 'light-bulb' moment/Idea concept with light bulbs{{}}As an SME owner, I know that experiencing that inspirational moment that cements the purpose of your business is essential, but almost painfully difficult to find. The more you panic about finding your ‘Eureka’ moment, the more elusive it can prove to be. However, there are a few sure-fire ways that can help you to relax and find that moment. Take some time to find inspiration in some of the most unlikely of places and chances are you’ll soon be struck by the light-bulb moment you’ve been searching for.

Get creative

Even if you’re the world’s most practical and business-minded person, sometimes you have to unleash your creative side to find true inspiration. From roughly sketching a meaningless object to spending hours working on a more challenging piece of art, you’ll find yourself lost and letting your mind wonder onto other subjects, which could lead to you being struck by an unexpected bolt of inspiration.

Do something meaningless

Over-thinking something often means that the ideas you come up with are forced and unrealistic. Watching an unchallenging film or TV show can allow your mind to switch down a gear and come up with something much less forced.

Get lost in a good book

Unwinding with a great read has numerous benefits, but is also a brilliant way to learn and let your mind wander. It doesn’t have to be related to business in any way. Pick something or someone in whom you’re interested and passionate about or even something that will spark debate or opinion in you. Annotate as you go along with points that you find interesting, inspiring, enlightening or even empowering. You could even write short reviews or points you have learnt.

Check out successful adverts

As more people move to TV that allows viewers to pause, rewind and fast-forward, it can be easy to think that adverts are a total waste of time and money. However, there are adverts that make people stop, look and listen. Take notes about what makes these ads successful. How are they able to convey a story in a short amount of time and how do they connect with their audience? Apply these observations to your own work and think about how you can make it your own.

How you become inspired is up to you. We all have our ways that are as unique to us as our business models, but if you’re lost for ways to expand your mind, these are some easy tricks that are sure to get the creative juices flowing.

Blog supplied by Paul Lees, founder and CEO of business conference call services provider Powwownow. You can see Paul talking about his experience of starting a business below.

Further reading 

Ten top tips for start-ups

February 24, 2014 by Guest Blogger

Ten top tips for start-ups/Infographic - seo and internet icons{{}}With record numbers of people starting their own new business, hopefully 2014 will be another triumphant year for start-ups in the UK. If you want to make the leap, finding your feet may seem daunting, but don’t let fear prevent you from stepping out on your own. To help those who are thinking of starting their own business, Aisling Brennan of eFax and Rory Whelan of eReceptionist share their top ten start-up tips.

1 Have a business plan 

If you fail to plan, you plan to fail. You should have a succinct and clear business plan. Not only will it enable you to monitor your business’s success, but it will also prove useful when asking outsiders for funding. Conversely, don’t be beholden to the plan. The pace of change in business can be rapid, so make sure you’re able to adapt. The joy of entrepreneurship is often the ability to make decisions ‘on the fly’.

2 Set up from home

Why waste precious money on renting an office if you can run your business from home? A proportion of your electricity bills and mortgage payments can be offset against your business tax bill and it’s now simple and cost-effective to set up a second phone line for business calls. When you bundle your number with a virtual office phone system you can even have a real-time receptionist answering and directing your calls, so you never miss a business opportunity. 

3 Keep track of your finances 

Hopefully, the money will be flowing in from the start. However, don’t get too carried away, always keep good track of your financial status. Do you have savings that can be invested and will these be enough? If you don’t, approach potential investors and lenders early on. Don’t rule out considering government-backed funding, too. Investigate the many business incubator services that are on hand to advise you, and in some cases they offer financial backing. 

4 Don’t go it alone 

Taking on the responsibility of running a business all by yourself might be too much, especially if you have a family. Find a business partner who shares your goals, but perhaps someone with different skills and knowledge, so you complement each other.

5 Create a buzz 

If you don’t shout about your new business – who will? Make the most out of social media to spread the word. Similarly, something as simple as asking your customers to tell others about you can make a big difference to your sales. Also, network like mad. This doesn’t have to be at networking events, but just in your daily activities. Keep telling people about your business and in some cases you may find yourself talking to someone who wants to buy from you.

6 Image is everything

A good business name, business cards and a professional website all contribute to how your business is perceived, but don’t underestimate the power of your telephone number. By setting up a national 0800 number, you can look bigger, but having a local phone number need not limit your ambitions. For example, should you want to appeal to customers in Birmingham despite being Manchester based, it’s easy to have an 0121 number with calls routed to your existing Manchester landline.

7 Pick up the cost 

Customer like 0800 numbers, because they are free to call from landlines and will soon be free from mobiles. Our research shows that UK businesses experienced a volume increase of 167% when they switched to an 0800 freephone number.

8 Go digital

Keep your start-up costs to a minimum and look to invest in cloud-based services. Investing in the right fax software will make running your business smoother, less time-consuming and more cost-efficient. Digital faxing eliminates the need for fax hardware, while allowing you to sign orders or contracts through a digitised signature anywhere from your mobile.

9 Don’t focus on just one area

Customer care, business development and administration are the three key areas you should concentrate on. They are all equally important, so all require equal attention. If you neglect one, it will have an impact on the business as a whole. No one likes doing paper work – but it needs to be done.

10 Don’t give up 

Learn from your mistakes and adapt accordingly. Be prepared to continue refining your methods as you encounter new hurdles. No one successful ever launched with the finished product, so keep tweaking and adding. You’ll learn so much from your first few sales and customers to help you refine the way you do business and make things easier for the future. Keep motivated and don’t lose sight of why you started the business in the first place.

Further reading

How to start accepting Bitcoin donations

February 19, 2014 by Guest Blogger

How to start accepting Bitcoin donations /Bit coin - virtual money{{}}Does your business have a blog, website or video channel? If so, you could start asking people who visit your site to start donating Bitcoins.

What is a Bitcoin?

Online currency, you can use it to buy things such as domain names, electronics, food and professional services.

What is it worth?

The value changes a lot. In January 2013 it was only worth about £10, but by late November it had reached a high of £750.

How can I get some?

There are many ways. You could start donating your computer power to help run the network (a process called ‘mining’) or you could sign up to an exchange such as MtGox.com and buy some with pounds. Unfortunately, both of these options can take time and effort and you might end up losing money. A safer and simpler bet is to start taking Bitcoin donations.

Why should I bother?

The Bitcoin community is very generous. Bitcoin users know that the more people who own Bitcoin, the more plausible it becomes as an idea. Also, because it’s really easy to donate, you might be pleasantly surprised by how much you could earn.

Here’s a step-by-step guide on how to start…

1 Get a Bitcoin wallet

You’ll need a wallet to receive, send and store Bitcoins. There are three types of wallet: software, mobile and web. The Bitcoin website features a useful guide and a list of downloads to help you get started. For maximum security, we recommend that you choose one that doesn’t use a third party. To avoid cyber theft, you should always encrypt your wallet with a strong password. We recommend one at least eight characters long, using a combination of numbers, symbols and upper/lowercase letters.

2 Note down your wallet address

Once you’ve set up your wallet you’ll be given a wallet address. You’ll need this so people know where to send donations. It will be a string of between 27 and 34 numbers and lower/uppercase letters beginning with a 1 or 3.

3 Spread the word

Accepting donations is as easy as posting your Bitcoin address on your blog/website. You may want to provide or link to some info about Bitcoin too in case users without any Bitcoins also want to donate. When you have a donor, your wallet will message you a notification telling you how much has been sent. Your Bitcoins are then free to save or spend as you wish.

Blog contributed by Nick Chowdrey, finance and accounting writer for Crunch, online accountancy firm for freelancers and small businesses.

Posted in Financing a business | Tagged IT, Finance | 0 comments

Five key insights gained by a six-month-old online start-up

February 18, 2014 by Guest Blogger

Five key insights gained by a six-month-old online start-up/3D number 5{{}}In six months of trading our company has been through some pretty turbulent times. In the true spirit of supporting other start-ups small businesses, we’d like others to be able to learn from our experiences. In no particular order, here are five pieces of insight we gained in our first six months of trading. Each is fairly universal, so some or all should also apply to your business.

1 Don’t expect an instant return on investment

Building a business is a long and hard task and it requires a lot of patience. Anyone who expects to make an instant return is probably being overly optimistic or not taking into account all of their start-up costs. You need to account for everything you spend money on when starting your business, which could include a website, marketing/advertising, stock, premises, staff and quite possibly many other things. Even if you have a high margin product or service, it will take time to recoup all of your start-up costs.

2 Have a full yearly forecast and check performance against it regularly

This point closely links up with the first; you need to know your break-even point and when you need or want to reach it. Year-end targets are good, but you must work out how to meet them, because demand for a growing business is not linear. For example, if you want to sell 120 product units in your first year of trading, you might not sell the necessary 10 units every month from launch. That means you’ll later need to sell more than 10 units each month if you are to achieve your yearly target.

3 Remember – the competition never stays still

When you create your initial business plan you’ll probably look at what your competitors have done to get to where they are. It’s also likely that you’ll set goals to build a business around a similar (but hopefully better) structure. But don’t forget that while you’re doing so, your competitors will be trying to progress from where they were when you started. So keep an eye on your competitor’s activity and remember – they’re moving targets.

4 Don’t expect everything for nothing

When building a new business you’ll need some capital behind you. Unless you’re in a space that’s really open to creativity and you can get a lot of free media coverage and word of mouth, you’ll struggle to gain momentum if you don’t have a reasonable start-up budget.

5 Beware of salespeople

New businesses are a prime target for predatory salespeople (especially telesales). If you’re in the online space you can expect companies that host business directories, sell email data, run pay-per-click ad campaigns, etc, to contact you. Most of them will press really hard and rattle off impressive-sounding numbers, but the fact is these direct sales services rarely convert to sales. If you are thinking of investing in any of the above channels, do your homework so you are able to find the best service provider.

Blog provided by Pete McAllister of Intelligent Car Leasing.

Further reading

Why I set up a community interest company

February 17, 2014 by Guest Blogger

Why I set up a Community Interest Company/Bristol colorful writing{{}}As a newly fledged social entrepreneur who needed a constituted organisation, but who was also a headstrong and independent sole trader, having to think about boards of directors, reports, red tape, being told what to do and how to do, well, it was never going to be easy. 

Previously, as a consultant, I’d seen far too many boards of directors and trustees who, rather than operate for the good of the organisation and its aims, were more about personal aggrandisement, power, status and a belief that turning up to meetings was enough (oh, and if they didn’t like the founder, they’d simply get rid of them).  

So to even consider going into something that would possibly end up being the very means of my being sacked from my own project did not look that brilliant. Nevertheless, the pressure was mounting to become a robust trading vehicle for a social enterprise, something “proper” with which we could raise funds.

The whole point of any enterprise is to be a successful and viable business, and with the “social” aspect, the income then becomes a vital energy resource for helping to achieve the social purpose, not an end in itself.

Faced with the tangle of options, I began to find out more about community interest companies (CICs), charities, not-for-profits, limited companies, mutuals, co-ops and how they differed. In the end, making the decision was easy. 

A CIC allowed me to be a sole director and be a paid member of the working team.  This gave me a voice on the board, which is difficult for paid employees of a charity. This would help me to remain in control of things, while the locked assets offered security for the future. By law, when running a CIC all profit must go back into serving the community and the social purpose defined in the CIC’s Memorandum and Articles. It was the perfect structure and said on the packet what we were.

But to be able to apply for funding I needed another director and so began the quest to find people who would advise more than direct. The complexity was that the wonderful people alongside me were by law responsible for the financial and legal integrity of the organisation and therefore had a right to their opinion about how the company should be run. I found that really difficult and learned a great deal about myself and about how the label of “director” changes the dynamic of meetings. 

I have put that learning to good effect in constituting Music For All Zimbabwe as a CIC. We have only two directors, Fidelis Mherembi, whose vision it is, and me. Whilst allowing Fidelis free reign in his visionary decisions, this structure also secures the purpose of the company, which will continue to serve its community even if Fidelis and I both 'snuff it'. Any locked assets by law remain in service to the social purpose and cannot be sold to line the pockets of the next directors. That security of the future and the freedom in the present makes it a solid foundation from which to build. 

CICs are becoming increasingly popular for many reasons and it will not be long before there are 10,000 of them in the UK. The influence of this dedicated social enterprise vehicle being adopted will be interesting to watch over the next few years.

Blog provided by June Burrough, founder and former director of the Pierian Centre, which opened in Bristol in 2002 as a centre for training and self-development and became a CIC in 2008, before closing in December 2011, and co-director of Music For All Zimbabwe.

Further reading

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