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COMPARATIVE ANALYSIS OF MOST COMMON BUSINESS FORMS


LEGAL FORM

ADVANTAGES

DISADVANTAGES

 

Sole Proprietorship

  • No minimum capital requirement from start;
  • Simple incorporation procedure;
  • Low incorporation cost;
  • Gradual shift from informal to formal sector;
  • Less restrictive operations method
  • Unlimited responsibility for all losses and debts (No legal distinction between the owner and the business);
  • Low credibility with partners (banks, suppliers, customers ...)
  • Difficult to get loan

Limited Liability Company (LLC)

  • Minimum capital requirement per share is GNF 100,000;
  • Limited liability (partners are liable up to their contributions);
  • Simple and more flexible bylaws
  • Less risk to be stolen by fire-sale acquisitions (more protection against hungry investors );
  • Business uninterrupted even in case of death of one of the shareholders (except contrary provisions in the bylaws);
  • Upgradeable to other forms of business;
  • Partners involved in making major decisions.
  • Formality of operations;
  • Formality of incorporation;
  • Relatively high incorporation and running expenses;
  • Unsuitable for some very important activities;

Corporation (LTD)

  •  Very credible to third party
  • High capacity to mobilize funds (public offering possible);
  • Limited liability (shareholders are liable only up to their contributions)
  • Ability to pay up only a quarter of the share capital (cash contributions);
  • Ability for the Chairman of the Board, Managing Director (or Director) to obtain a social protection scheme for the employees (irrespective of the number of shares owned);
  • Ability to freely transfer shares (except for a prior approval clause in the bylaws)
  • Minimum share capital remains high
  • Relatively high incorporation and running expenses;
  • Cumbersome administrative procedures (The Board or Auditors in some cases).

 

Economic Interest Group(EIG)

  • EIG can be created without a starting capital
  • Flexible incorporation formalities
  • Flexibility in the organization and running
  • EIG's exclusive aim is to implement, for a fixed term, all necessary means to facilitate or develop the economic activities of its members, improve or increase the results of such activities
  • Low credibility with third party, especially banks
  • Members of EIG are jointly liable for debts owed by the EIG.
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