1. Ownership, Liability and Control
Every business in the private sector can be classified by four key features: who owns it, how it is financed, who controls it, and the owner's liability for debts. The most crucial concept is 'liability'. 'Unlimited liability' means the owner is personally responsible for all business debts, even if it means selling their own car or house to pay them. This applies to unincorporated businesses like sole traders and partnerships. In contrast, 'limited liability' means the owner's responsibility for debts is restricted to the amount they invested in the business. Their personal assets are safe. This is a key feature of incorporated businesses like private and public limited companies, which have their own 'separate legal identity'.
Key term
Examiner insight
Common pitfall
Worked example 14 marks
Explain the difference between limited liability and unlimited liability. [4 marks]
- 1
Step 1: Define limited liability. This is where a business owner is only liable for the original amount of money they invested in the business. Their personal possessions are not at risk if the business fails.
- 2
Step 2: Give an example of a business with limited liability. This applies to incorporated businesses such as Private Limited Companies (Ltd) and Public Limited Companies (PLC).
- 3
Step 3: Define unlimited liability. This is where the owner and the business are seen as the same legal entity. The owner is personally responsible for all the debts of the business, with no limit.
- 4
Step 4: Give an example of a business with unlimited liability. This applies to unincorporated businesses such as sole traders and most partnerships.
Recap
- Businesses can be distinguished by ownership, finance, control, and liability.
- Unlimited liability means the owner's personal assets are at risk to pay business debts.
- Limited liability restricts an owner's potential losses to the amount they invested.
- Sole traders and partnerships typically have unlimited liability.
- Limited companies have limited liability because they are incorporated businesses.
- An incorporated business has a separate legal identity from its owners.
Quick check
- What is meant by an 'unincorporated business'?2 marks
- State one type of business that has limited liability.1 mark