Level 3/Business awareness/Business types and the environment they trade in
Lesson 1 of 3 · 9 min read

Legal structures and governance

Who owns what, who is liable for what, and who is accountable when things go wrong.

Structures compared
StructureLiabilityFilingTax
Sole traderUnlimited personal liabilitySelf assessment onlyIncome tax and Class 4 National Insurance on profits
PartnershipUnlimited, and normally joint and severalPartnership return plus each partner's returnEach partner taxed on their share
Limited liability partnershipLimited to capital contributedAccounts filed at Companies HousePartners taxed individually
Private limited companyLimited to unpaid share capitalAccounts and confirmation statement filed publiclyCorporation tax on profits, dividends taxed on shareholders
Not for profit or charityDepends on the legal form chosenCharity Commission and regulator reportingVarious reliefs and exemptions

The heart of the difference is separate legal personality. A company exists in law separately from its owners, so it can own assets, sue and be sued, and its shareholders risk only what they put in. A sole trader has no such shield: business debts are personal debts, and the family home can be at risk. That single fact drives most of the advice you would give.

The cost of the shield is transparency and administration. Companies file accounts that anyone can read, keep statutory registers, and follow rules on directors' duties and distributions. A written task usually asks you to weigh limited liability and credibility against public disclosure and administrative burden, then conclude for the specific business described.

Directors' duties, in plain terms

Directors must act within their powers, promote the success of the company, exercise independent judgement, exercise reasonable care and skill, avoid conflicts of interest, refuse benefits from third parties and declare any interest in a transaction. Poor governance is not just an ethical failure. It shows up as unchallenged dominant individuals, weak internal control, related party transactions nobody questioned, and finance staff who were told not to ask.

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