After Reading Chapters 1, 2, 3, And 19: Answer The Following ✓ Solved
After Reading Chapters 123 19 Answer The Following Questions Base
After reading chapters 1, 2, 3 & 19. Answer the following questions based on the information provided. Answer should be own in own words and APA format must be.
Jaffe Desk and Jordan Reilly just graduated from UC with a master’s degree in marketing and public health. They want to establish healthcare business that will source and distribute pharmaceutical products in the United States and internationally.
Jaffe and Jordan know that before they can invest their time and other resources in the project, they must obtain financing, which means that they must raise money to pay for the investment cost and other operating expenses. Because the company might not be listed in any capital market right away, they will not be able to raise equity funding from the public. Therefore, they are considering raising long-term capital from various sources including angel investors, venture capital market, bank loans, crowdfunding, and initial coin offerings (ICOs). They learnt in corporate finance course the advantages and disadvantages of different forms of business organizations. They are worried about the legal concept of limited liability and how it will affect their personal fortunes in the future in case the business fails.
They are not very sure which form of business organization to set up to protect their personal liability, reduce taxes, and access external funding. Therefore, they are considering a partnership, a limited liability, or a corporation. A cash budget they prepared shows that $5 million seed money would be needed to hire staff, buy computers, rent an office space, promote, and market the business as well as to meet other business development expenditures. They have agreed to share profits and losses equally if they decide to form a limited partnership. The general partner will, however, be paid a fixed salary of $6,000 per month before taxes and other payroll deductions.
In order to make good and right decision, Jaffe and Jordan have approached you to help them understand the concept of limited liability, advantages, and disadvantages of the various forms of business organizations and possible sources of funding for the business.
Sample Paper For Above instruction
Understanding Limited Liability and Business Structures for Jaffe and Jordan’s Healthcare Venture
Jaffe Desk and Jordan Reilly are considering establishing a healthcare business focused on sourcing and distributing pharmaceutical products domestically and internationally. Before proceeding, they recognize the importance of understanding the legal and financial implications of their business structure, especially concerning raising capital and protecting personal assets. An essential concept in this context is limited liability, which significantly influences their choice of business organization.
The Concept of Limited Liability
Limited liability refers to a legal condition where the personal assets of business owners are protected from the debts and liabilities of the business. In scenarios where the business incurs losses or faces legal action, owners’ personal assets—such as personal savings, homes, or cars—are shielded, limiting their financial risk solely to what they have invested in the company. This principle is fundamental in encouraging entrepreneurship because it reduces personal financial exposure and fosters business growth. However, limited liability is typically associated with certain business forms like corporations and limited liability companies (LLCs), which legally separate the business’s liabilities from the personal assets of its owners.
Analysis of Business Organization Forms: Advantages and Disadvantages
Partnership
- Advantages:
- Ease of Formation: Partnerships are relatively simple and inexpensive to establish, often requiring minimal paperwork.
- Tax Benefits: Income is passed through to partners and taxed at personal income tax rates, avoiding corporate taxation.
- Disadvantages:
- Unlimited Liability: Partners are personally liable for business debts, risking personal assets if the business fails.
- Potential for Disputes: Differences in management or profit sharing can lead to conflicts among partners, affecting business stability.
Limited Liability Company (LLC)
- Advantages:
- Limited Liability: Owners’ personal assets are protected from business debts and liabilities.
- Tax Flexibility: LLCs offer pass-through taxation, avoiding double taxation encountered in corporations.
- Disadvantages:
- Complexity and Cost: More administrative requirements and costs compared to partnerships.
- Limited Availability for Some Business Types: Not all states permit LLCs for certain industries or structures.
Corporation
- Advantages:
- Limited Liability: Shareholders’ personal assets are protected from business liabilities.
- Access to Capital: Easier to raise funds through sale of stock and attract investors.
- Disadvantages:
- Regulatory Burden: Subject to strict regulations and reporting requirements, which can be costly and complex.
- Double Taxation: Earnings can be taxed at the corporate level and again as dividends to shareholders.
Recommended Business Structure for Jaffe and Jordan
Considering their need for substantial initial capital ($5 million seed money), the desire to protect personal assets, and the goal to attract external funding, the most suitable structure would be a corporation. Specifically, forming a C-corporation would allow them to access venture capital, angel investors, and potentially issue shares or securities such as ICOs, with limited personal liability and easier scalability. Although corporations face higher administrative costs and double taxation, these drawbacks can be mitigated through proper tax planning and corporate governance. Their inclination toward attracting diverse funding sources aligns with the benefits of issuing shares and attracting investor confidence inherent in corporate structures.
Funding Options and Suitability
Angel Investors
Angel investors are high-net-worth individuals who provide capital often during early stages of a start-up. For Jaffe and Jordan, angel investors could be appropriate given their willingness to invest in healthcare innovations and the fact that angel investments usually involve significant funds and guidance. However, equity dilution must be considered.
Crowdfunding
Crowdfunding can be effective for raising smaller amounts of capital and gaining public awareness. For their healthcare project, this method can generate initial interest, but it may be less suitable for raising the large $5 million seed money unless they leverage equity or rewards-based campaigns targeting health-conscious communities.
Venture Capital
Venture capital (VC) firms often invest in high-growth potential startups. Given their plan to establish a scalable healthcare distribution business, VC funding seems appropriate, especially to support rapid expansion, access strategic networks, and gain credibility. VCs typically seek equity and influence in the company’s strategic direction.
Initial Coin Offerings (ICOs)
ICOs involve raising capital through the issuance of digital tokens or currencies. For Jaffe and Jordan, ICOs could be considered if they integrate blockchain technology into their distribution platform or healthcare data management. However, regulatory uncertainties and market volatility make ICOs less predictable and riskier for early-stage healthcare firms.
Long-term Debt
Bank loans or long-term debt could provide necessary capital without diluting ownership. Given their expected large seed funding, they could leverage debt instruments, provided they have solid business plans and cash flow projections. Debt financing entails repayment obligations and interest expenses, which need careful management to avoid overleveraging.
Conclusion and Final Recommendations
Based on the analysis, forming a corporation appears most advantageous for Jaffe and Jordan, considering their capital requirements, risk preferences, and funding needs. While maintaining limited liability, a corporate structure facilitates raising capital from diverse sources like venture capital, angel investors, and ICOs, aligning with their strategic growth objectives.
Moreover, combining equity financing through investors with prudent debt management can create a balanced capital structure that fuels expansion while safeguarding personal assets and minimizing tax burdens. They should also consider consulting legal and financial advisors to navigate regulatory landscapes, especially concerning ICOs and international operations.
References
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- Dess, G. G., & Lumpkin, G. T. (2017). Strategic Management: Creating Competitive Advantages. McGraw-Hill Education.
- Gibson, C. H. (2021). Financial Reporting & Analysis. Cengage Learning.
- Harrison, J. S., & de los Salmones, M. M. (2019). Entrepreneurship: Theory, Process, and Practice. Routledge.
- Jensen, M. C., & Meckling, W. H. (1976). Theory of the firm: Managerial behavior, agency costs and ownership structure. Journal of Financial Economics, 3(4), 305-360.
- Ross, S. A., Westerfield, R. W., & Jaffe, J. (2018). Corporate Finance. McGraw-Hill Education.
- Shapiro, C., & Varian, H. R. (2019). Information Rules: A Strategic Guide to the Network Economy. Harvard Business Review Press.
- Stiglitz, J. E. (2019). Economics of the Public Sector. W. W. Norton & Company.
- Venture Capital & Private Equity Resources. (2020). U.S. Small Business Administration.
- World Bank. (2021). Financing Small and Medium Enterprises: Policies and Programs. Washington, DC.