UNSW
GENC 7002 GETTING INTO BUSINESS
SEMESTER 1, 2015
ASSIGNMENT
Contents
Background introduction------------------------------------------------------2
Business Structure ---------------------------------------------------2
Business Type------------------------------------------------------------------3
Raise Fund----------------------------------------------------------------------4
Trade mark and business name------------------------------------------------------------5
Intellectual Property---------------------------------------------------------------------------7
Wang Wei 3346024
Background
Coral and James need advice to start legally to establish a business and convert their ideas in a valuable commodity based
…show more content…
Trust: A trust is an obligation imposed on a person which is trustee to hold property or assets (such as business assets) for the benefit of others. These others are known as beneficiaries. Trust is relatively expensive to set up, it requires a formal trust deed that outlines how the trust operates.The trustee is legally responsible for its operations. Company A company is a distinct legal entity.Company is quite expensive and complex to set up because of additional reporting requirements.In company, the business operation are controlled by directors and owned by shareholders. The suggested business structure is partnership. Since currently, Coral wants to run business with James, it is not suitable to choose a complex or expensive business structure to start.There are more opportunities for tax planning than that of a sole trader.They are working in different domains, so they can combine their skills, experience and knowledge to provide a better product or service.
Relative Legislation Partnership Act 1891-Queensland Legislation Part 2 Relations of partners to persons dealing with them 8 Power of partner to bind the firm (1) Every partner in a partnership, other than a firm that is a limited partnership or incorporated limited partnership, is an agent of the firm and his or her other partners for the purpose of the business of the partnership, and the acts of every partner who does any act for carrying
Company limited by guarantee are organisations which are registered with a company house and are found more within organisations that are of a larger size and have their own buildings, employ their own staff and have significant contracts or other responsibilities. These companies have a legal right of their own, which means that any agreements or contracts made with that certain company are held within the name of the company, however this limits financial liability.
Trust has to be earned by everyone. Trust is a very serious word, because it can mean so much to one person. It's usually pretty hard to gain trust and if you break the trust it’s really hard to gain it back. There’s people out there that you can never trust. These people do anything to help themselves out and only care about themselves.
In this book, trust is defined as “one’s willingness to be vulnerable to another based on the confidence that the other is benevolent, honest, open, reliable, and competent.” (page xiii) The author recognizes that trust is complex and dynamic. She views trust as the “lubricant” that greases the machinery of the organization. Trust is particularly important where parties are interdependent, or the “interests of one party cannot be achieve without reliance upon another.” In schools “teachers and principals are
This trust was an alternative form for a monopoly, and other companies began to use this “trust” form of business in order to create giant monopolies in their independent markets.
A "TRUST" is nothing more than a "CONTRACT" between the person who wishes to protect his assets (the Grantor) the person who will manage the assets (the Trustee) for the benefit of all Beneficiaries which may include the Grantor, his spouse, children and grandchildren.
A trust agreement represents affiliations between cooperating organizations concerning security and expectation of policies. To institute a trust understanding, a source contributor organization and a resource requestor establishment would cooperate with each other to explain a set of security strategies and limits that they conjointly agree to administer. The conferred trust arrangement encompasses, rules should require the certification amenity, which associates would be diagramed to which distinct role, and what limitations coupled with the diagramming.
If a testator by stating or indicating his view that a trust is beneficial to the public can establish that fact beyond question, trusts might be established in perpetuity for the promotion of all kinds of fantastic (though not unlawful) objects, of which the training of poodles to dance might be a mild example.
The trust must be set up in a way that allows it to be considered its own entity, one that comes with a Federal Identification Number issued through the IRS. The person benefiting from the trust and the person granting the trust may not use their social security numbers in this situation, and the trust has to be irrevocable. It it may be revoked, it won't qualify as a special needs trust, and this may hurt the recipient. The trust, when properly drafted, allows for the dissolution or termination of the trust under specific conditions. In addition, it outlines the process for amendments, when
Benefits of trust are many and varied. A trust is one of the most flexible tools a financial attorney can use. There are various types of trusts available and they can be beneficial to asset protection, income tax planning, and estate planning. The trust that provides the best solution for your needs will depend on a number of different factors.
Trust agreements are extremely useful tools in the estate planning process. As part of a comprehensive estate plan, trust agreements can protect your assets, provide for your family, and provide for your care if you should become incapacitated.
The definition of company is 'A legal entity, by legislation, which permits groups of people, as shareholders, to apply to government for an independent organization to be created, which can then pursue set objectives ' (Duhaime, 2014).
A trust can only be enforceable if it is sufficiently certain. The three certainties of a trust must coincide for a trust to become valid. Absence of any of the uncertainties makes a trust invalid from the start. The three certainties are certainty of the subject matter, certainty of intention and certainty of the objects. All these certainties must be established to make a trust valid. The purpose of the certainty requirement of trusts is to ensure compliance with the intentions of the settlor. For a trust to be enforced, there must be an individual who can compel the trustee to enforce the trust. The trust should also be capable of being implemented for the benefit of a beneficiary. The certainty requirement ensures that a trust is capable of being implemented failure to which would render the concept of trusts pointless.
There are many different kinds of examples of trust. Some include, trust in your family, trust in your
Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and then leaves the property to X in their Will. It is also possible that a secret trust arises where in reliance on a promise to implement the trust by X, no Will is made (Strickland v Aldridge 1804 9 Ves 516 REF1). The onus of proving a secret trust is on the person claiming that it exists, on the balance of probabilities - the 'ordinary civil standard of proof' (Re Snowden 1979 3 All ER 172 REF2). There are three elements necessary for a secret trust (Ottaway v Norman (1971) 3 All ER 1325 REF3). Intention The Testator must intend that the property be used in accordance with a direction. This must be intended as a binding obligation on
* Principal Agent Relationship - All the partners of the firm are the joint owners of the business. They all have an equal right to actively participate in its management. Every partner has a right to act on behalf of the firm. When a partner deals with other parties in business transactions, he/she acts as an agent of the others and at the same time the others become the principal. So there always exists a principal agent relationship in every partnership firm.