Michael Tormey and Amy Arnett are the founding partners of McMillan Corporate Services. Founding the business was relatively straightforward and over the last 20 years, the expertise provided by Tormey and Arnett have been key to making McMillan a success. Every Friday afternoon, Tormey and Arnett meet to discuss the status of the business, and have decided to devote this week’s meeting to strategic alternatives. Tormey believes that while the partnership structure has served McMillan well during its history, it may be time to reform the business into a corporate structure. Arnett, however, is not so sure. Which of the following arguments would be most effective to convince Arnett that a corporate structure would be beneficial for McMillan? The corporate structure would:
A) |
allow for easier transition of ownership, reduce legal requirements associated with running the business, and create a legal separation between the owners and the business. | |
B) |
create a legal separation between the owners and the business, allow for fewer conflicts of interest, and reduce the liability that they as owners would incur. | |
C) |
provide more opportunities for raising capital, allow for easier transition of ownership, and reduce the liability that they as owners would incur. | |
A partnership allows two or more people to start a business with few legal requirements. Disadvantages of the partnership structure include a limited ability to raise capital, unlimited liability for owners, and non-transferability of ownership. A corporation is a distinct legal entity that has rights similar to a person. Compared to a partnership, a corporation has a nearly unlimited ability to raise capital, ownership is easily transferable, and the legal separation between the business and its owners limits the liability of the business owners. Disadvantages to the corporate form include increase legal and regulatory requirements and increased conflicts of interest as a result of the separation between owners and managers of the business. |