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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