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Peter and Kelly are happily married with 3 young children. They own a farm in Tharwa in the south of Canberra. Peter is clever with his hands. He developed a new attachment for his olive trees which makes it much easier to harvest olives. It has a wide variety of applications for other agriculture products, including nut and some fruit trees. He reckons he could sell these for a profit. 1.Peter is thinking about turning this into a business. What business structure would you recommend Peter adopt for this business? In your advice, please: a.Compare the various business structures available and be clear about why you might recommend one particular structure. b.Discuss who should manage this business and any obligations that might apply under the law? c.Set out any options available for raising capital? 2.If the business started generating $100 million per year in revenue, would this change your recommendation? Kelly and Peter keep 200 beehives on the farm. Each beehive will produce about 30kg of honey each year. Natural honey like this sells for about $20 per kg. 3.They like the idea of running this business together. Would you recommend that they operate this business as a partnership or a company? Please advise Peter and Kelly as requested. As part of your advice, please discuss which business structures might be available and make a recommendation (you do NOT need to consider trusts or joint ventures).

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Peter and Kelly are happily married with 3 young children. They own a farm in Tharwa in the south of Canberra. Peter is clever with his hands. He developed a new attachment for his olive trees which makes it much easier to harvest olives. It has a wide variety of applications for other agriculture products, including nut and some fruit trees. He reckons he could sell these for a profit. 1.Peter is thinking about turning this into a business. What business structure would you recommend Peter adopt for this business? In your advice, please: a.Compare the various business structures available and be clear about why you might recommend one particular structure. b.Discuss who should manage this business and any obligations that might apply under the law? c.Set out any options available for raising capital? 2.If the business started generating 100millionperyearinrevenue,wouldthischangeyourrecommendation?KellyandPeterkeep200beehivesonthefarm.Eachbeehivewillproduceabout30kgofhoneyeachyear.Naturalhoneylikethissellsforabout100 million per year in revenue, would this change your recommendation? Kelly and Peter keep 200 beehives on the farm. Each beehive will produce about 30kg of honey each year. Natural honey like this sells for about 20 per kg. 3.They like the idea of running this business together. Would you recommend that they operate this business as a partnership or a company? Please advise Peter and Kelly as requested. As part of your advice, please discuss which business structures might be available and make a recommendation (you do NOT need to consider trusts or joint ventures).

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Solution

  1. Business Structure Recommendation: a. There are several business structures available, including sole proprietorship, partnership, and corporation. A sole proprietorship is the simplest form of business structure, where the owner is solely responsible for all aspects of the business, including liabilities. A partnership involves two or more people sharing the profits, losses, and liabilities of a business. A corporation is a separate legal entity from its owners, providing them with personal liability protection.

Given Peter's situation, I would recommend a corporation. This is because a corporation provides limited liability protection, meaning Peter's personal assets would be protected if the business were to face any legal issues. Additionally, corporations have an easier time raising capital, which could be beneficial if Peter decides to expand his business.

b. As for management, Peter could manage the business himself since he has the technical knowledge and skills. However, he should also consider hiring a business manager to handle the administrative and financial aspects of the business. Under the law, the business must comply with various regulations, including tax obligations, employment laws, and potentially patent laws if Peter decides to patent his invention.

c. There are several options for raising capital. These include personal savings, loans from financial institutions, investment from venture capitalists or angel investors, or issuing shares if the business is a corporation.

  1. If the business started generating $100 million per year in revenue, this would not change my recommendation. In fact, it would further justify the choice of a corporation as the business structure due to the increased potential for legal issues and the need for more capital to manage the growth.

  2. For the honey business, a partnership could be a suitable option. This is because both Peter and Kelly are interested in running the business together. A partnership would allow them to share the profits and losses, and it is simpler and less costly to set up than a corporation. However, they should be aware that they would both be personally liable for any business debts or legal issues. If they want to limit their personal liability, they might consider forming a limited liability company (LLC) instead.

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