BUSINESS STUDIES

GRADE 10
TERM TWO
CHAPTER 9
FORMS OF OWNERSHIP
2025

TABLE OF CONTENTS
TOPICS PAGES
Exam guidelines for forms of ownership 3
Terms and definitions 4
List of forms of ownership 5
Classification of forms of ownership 6
according to profit & non-profit company
Definition/Characteristics/Advantages & 6-7
Disadvantages of a sole trader/proprietor
Definition/Characteristics/Advantages & 7-8
Disadvantages of a partnership
NW BUSINESS STUDIES GRADE 10 NOTES 2025 CHAPTER 9

Differences between a sole trade & 9

partnership
Definition/Characteristics/Advantages & 10-11
Disadvantages of a private company
Definition/Characteristics/Advantages & 12
Disadvantages of a Personal Liability
company
Definition/Characteristics/Advantages & 12-13
Disadvantages of a public company
Differences between the private company 14
and public company
Differences between the private company 14
and a Personal Liability company
Definition/Characteristics/Advantages & 14-15
Disadvantages of a state owned company
Definition/Characteristics/Advantages & 15-16
Disadvantages of a non-profit company
Definition and types of co-operatives 16
Characteristics/Advantages & 17
Disadvantages co-operatives

This chapter consists of 17 pages

CONTENT DETAILS FOR TEACHING, LEARNING AND ASSESSMENT

PURPOSES

Learners must be able to:

• Define the meaning of different forms of ownership.
• Outline/Explain/Discuss/Describe the characteristics/ advantages/disadvantages of
each form of ownership.
• Distinguish/Differentiate between different forms of ownership.
• Identify forms of ownership from given case studies/scenarios/cartoons/pictures
• Name different types of co-operatives
• Outline/Explain/Discuss/Describe the advantages and disadvantages of co-operatives
Select a best form of ownership and justify the reasons for selection.

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NW BUSINESS STUDIES GRADE 10 NOTES 2025 CHAPTER 9

TERMS AND DEFINITIONS

TERM DEFINITION
Form of ownership The legal position of the business and the way it is owned.
Continuity Continue to exist even if a change of ownership takes place, e.g a
member or shareholder dies or retires.
Surety If a person or business accepts liability for the debt of another
person or business.
Securities Shares and bonds issued by a company.
Limited liability Loses are limited to the amount that the owner invested in the
Unlimited liability businessThe owner’s personal assets may be seized to pay for the debts
of the .
business.
Memorandum of The document that sets out the rights, responsibilities and duties of
Incorporation (MOI) shareholders and directors. (Serves as a constitution of a company).
Sole Trader /Sole A business is owned and controlled by one person who takes all the
proprietor decisions, responsibility and profits from the business they run.
Partnership An agreement between two or more parties that have agreed to finance
and work together in the pursuit of common business goals.
Co-operative society Autonomous association of persons united voluntarily to meet their
common economic/ social needs/aspirations through a jointly owned
and democratically controlled enterprise.
Company A company is a legal person who has capacity and powers to act on its
own.
Profit Companies A company incorporated for the purpose of financial gain for its
shareholders.
Non-profit company A non-profit company is an association incorporated not for gain.

Public company A public company is a voluntary association of ONE or more persons,

governed by the company Act 71 of 2008, incorporated in terms of the
Memorandum of Incorporation.
Private company A private company is a voluntary association of 1 or more persons.

Personal liability A personal liability company is a voluntary association of 1 or more

company person.
State-Owned A state-owned company (SOC) is a legal entity that is created by the
company government in order to participate in commercial activities on
Partnership its behalf.
A document that contains exhaustive provisions with
Article
regards to the matters concerning the business and the partners.
Prospectus Prospectus is a document inviting the public to buy
Annual General securitiesA meeting held once a year where the shareholders
Meeting (AGM) receive a /shares. report stating how well the company has done.
Directors People elected to the board of a company by the shareholders to
represent the shareholders’ interests.

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Audit Process where an organization’s accounts are checked to make

sure its financial operations are honest

1.1 Forms of ownership

• Sole trader
• Partnership
• Close Corporation (CC)
• Personal liability Company (PLC)
• Private company (Pty Ltd)
• Public company (Ltd)
• State Owned Company (SOC)
• Non- Profit Company (NPO)
• Co-operative

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1.2 Classification of forms of ownership according to profit and

non-profit companies
Forms of ownership: Companies Classification according to non &
profit companies
• Private Companies: to be reflected
as Proprietary Limited or (Pty) Ltd
• Personal Liability Companies: to be
reflected as Incorporated or Inc Profit companies
• Public Companies: to be reflected
as Limited or Ltd
• State-owned Companies: to be
reflected as SOC Ltd
Non-Profit Companies to be Non-Profit companies
reflected as NPC

1.3 Characteristics/Advantages and Disadvantages of different

forms of ownership

1.3.1 Sole trader/Proprietor Definition

• A sole trader is a business that is owned and managed by one person.
• The business owner handles everything including the activities of the business,
its processes and decisions.
• It is most suitable for service businesses such as a doctor/hairdresser/electrician
etc.

Characteristics of a sole proprietor

• Owner can sell the business to anyone at any time.
• There are no legal requirements regarding the name of the business
• It is easy to establish as there are no legal formalities in forming the business.
Sole traders are not compelled by law to audit financial statements
• The owner has a personal interest in the management and the services that is
rendered.
• The owner has unlimited liability/The owner is personally liable for the debt of
the business.
• A sole trader has limited company for expansion and lacks continuity of
existence.
• The business has no legal personality and therefore has no continuity/Continuity
depends on the life and health of the owner.
• The owner provides capital from his/her saving/borrow money from the bank.
• The owner has a personal interest in the management and the services that is
delivered.
• Profit is added to the rest of the owner’s taxable income.
• There are no special requirements when the owners wants to close the
business.

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Advantages of a Sole trader/proprietorship

• Requires little capital to start.
• Quick and easy decisions can be made
• No legal process and requirements
• Can easily adapt to the needs of the client/customer
• The assets of the business belong to the owner personally
• A sole trader can close contracts and trade in his own name
• The owner takes all of the profits made by the business and are entitled the
ownership of assets.
• There is personal encouragement and personal contact between the owner and
customers.
• Sole traders are generally closer to their customers and offer a more personalised
approach and improved customer service.

Disadvantages of a Sole trader/proprietorship

• It is not always possible to pay high salaries
• Unlimited liability which means that the owner is personally liable for all the debts
and losses suffered by the business.
• Growth of business can be restricted due to lack of capital.
• The owner is responsible for providing all the capital needed which may be
difficult to raise a big amount.
• If the owner does not have enough knowledge/experience the business may fail.
• A sole trader lacks continuity especially in the event of death or illness.
• Difficult to attract highly skilled and knowledgeable employees.
• Tax is calculated according to a progressive income system, which can be up to a
maximum of 40%.

1.3.2 Partnership
Definition
• An agreement between two or more people who combine labour, capital and
resources towards a common goal.
• Partners share the responsibility of the business and they share the financial
and management decision of the business.

Characteristics of a partnership
• There are no legal requirements in starting a partnership except the drawing up of
a partnership agreement.
• Partners combine capital and may also borrow capital from financial institutions.
• Profit is shared according to the partnership agreement.
• Partners share responsibilities and they are all involved in decision making
• Partners have unlimited liability and are jointly and severally liable for the debts of
the business
• No legal requirements regarding the name of the business.
• No legal formalities to start, only a written partnership agreement is required.
• Partnership has no legal personality and therefore has no continuity.
• The partnership does not pay income tax, only the partners in their personal
capacities.

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• Auditing of financial statements is optional.

• Partners share responsibilities and they are all involved in decision making.
• Diversity/Specialisation/Different skills of the partners can be used.
• There is no specific suffix to be reflected in the name of the partnership.

Advantages of a partnership
• Can bring in extra partners at any time.
• All partners have a personal interest in the business.
• The workload and responsibility is shared between partners.
• Partners invest new capital into the business to finance expansion
• It is easy and inexpensive to establish even with a written agreement.
• Partners share any profits and are therefore motivated to work hard.
• Partners share responsibilities for decision making and managing the business.
• Attract prospective employees with the option or incentives of becoming a
partner.
• Partnerships are not compelled by law to prepare audited financial statements.
• Each partner can focus on their own individual strengths when sharing the
workload.
• Partners are taxed in their own capacities, which could lead to lower taxation,
depending on the level of income of the individual.
• Raising additional capital to finance further business expansion is easy, because
there is no limit on the number of partners allowed in each partnership.
• The partners able to put their knowledge and skills together to collectively make
the best decisions.
• Partnerships are relatively easy to establish. There are no formal requirements for
the creation and running of a partnership.

Disadvantages of a partnership
• Partners might not all contribute equally.
• There can be lack of capital and cash flow.
• Partners are jointly and severally liable for the actions of the other partners.
• Partnership lacks continuity, if one partner dies/retires, the remaining partners
need to draw up a new agreement.
• Partnership is not a separate legal entity and therefore partners are liable for the
debts in their own capacity.
• Different personalities and options of partners can lead to conflict it
disagreements.
• Each business partner is legally responsible for the joint liability of the
partnership.
• A partnership has unlimited liability which means that partners risk losing their
personal possessions.
• Discussion between partners can slow down decision making, and they may
disagree on important business decisions.
• In large partnership, the partners may struggle to agree on business issues.
• Changes or transfer of ownership can be difficult and generally require a new
partnership to be established.

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• Loss in profits and stability of the business can occur if a partner

resigns/dies/loses interest in the business or is declared bankrupt.
• Profits are divided between partners according to the partnership agreement and
not according to the income distributed.

1.5. Differences between a sole trade and a partnership

Sole trader Partnership
- A sole trader is a business that is - An agreement between two or more people who
owned and managed by one combine labour, capital and resources towards
person a common goal.

- Quick and easy decisions can be - Discussion between partners can slow down
made decision making, and they may disagree on
important business decisions
- If the owner does not have - The partners able to put their knowledge and
enough knowledge/experience skills together to collectively make the best
the business may fail decisions

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1.5.1 Private company Definition

A private company has have between one or more
shareholders It can be a small or large company and has
one or more directors.

Characteristics of a private company

• It needs a minimum of one shareholder and there is no limit on the number of
shareholders
• Requires one or more directors and one or more shareholders.
• Raises capital by issuing shares to its shareholders.
• The company name ends with letters (PTY) Ltd.
• Investors put capital in to earn profit from shares.
• The company has a legal personality as well as unlimited continuity A
private company is not allowed to sell shares to the public.
• Shareholders have limited liability and a separate legal entity.
• Profits are shared in the form of dividends in proportion to the number of shares
held.
• Register with the registrar of companies by drawing up Memorandum of
Incorporation.
• Shareholders have a limited liability and will not lose their initial capital invested if
the business goes bankrupt.
• The Act imposes personal liability on directors who are knowingly part of the
carrying on of the business in a reckless or fraudulent manner.
• Private company must prepare annual financial statements but is not required to
lodge its annual financial statements with the Commission.
• Annual financial statements need not be either audited or independently
reviewed, unless prescribed by regulation

Advantages of a private company

• A company has continuity of existence.
• Managed at least by one competent highly skilled director.
• Information in a private company is only available to shareholders.
• Not required to file annual financial statements with the commission.
• The company has unlimited number of shareholders and its life span is perpetual.
• Shareholders can vote for/ appoint the most capable directors to manage their
company.
• Own legal identity and shareholders have no direct legal implications/ limited liability
• Large amount of capital can be raised since there is no limit on the number of
shareholders.
• Even though shares are not freely transferable, large private companies can raise
considerable amount of capital
• It is possible to sell a private company as it is a legal entity in its own right.
• The management of the company can improve since directors are accountable to
shareholders.
• The company can access long term capital and therefore has good long term growth
opportunities.

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• The company is a separate legal person it can buy property in its own name.
Liabilities of the shareholders are limited.

Disadvantages of a private company

• Difficult and expensive to establish a private company compared to Close
Corporations and Sole Proprietorship
• Large management structures can result in decision-making taking time.
• The private company is not allowed to sell shares to the public.
• Directors may sometimes act in their own interest, not in the company's best
interest.
• Annual financial statements must be reviewed by a qualified person, which is an
extra expense to the company.
• Difficult and expensive to establish as the company is subjected to many legal
requirements.
• Pays tax on the profits of the business and on declared dividends/Subject to double
taxation.
• Financial statements must be reviewed by a qualified person, which is an extra
expense to the company.
• Directors will be held personally responsible for debts if it can be proven that that
they committed fraud.
• Some shareholders may not exercise their voting rights resulting in choosing the
wrong person as a director.
• A meeting may not begin, or a matter may not be debated unless at least three
shareholders are present.

1.5.2 Personal liability Company Definition

• A personal liability company is very similar to a private company except that the
present and past directors are personally responsible for any debts of the business.
• The name of the personal liability company ends in INC and the name of the private
company ends in (PTY) Ltd.

Characteristics of a personal liability company

• The company name must end with letters INC
• Directors have unlimited liability and they are jointly liable for the debts of the
business even if they are long out of office.
• The memorandum of Incorporation should state that it is a personal liability
company.
• They must at least have one director on their board of directors.
NOTE: Other characteristics of a personal liability company are the same
as the private company except the above mentioned two characteristics.

Advantages and disadvantages

• NOTE: The advantages of a personal liability company are the same as the private
company.
• The disadvantages are also the same as the private company except that the
directors of the personal liability company have unlimited liability.

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1.5.3 Public company Definition

• A public company is a company that is registered to offer its stock/shares to the
general public. This is mostly done through the Johannesburg Securities/Stock
Exchange (JSE).
• The public company is designed for a large scale operation that require large capital
investments.

Characteristics on a public company

• A minimum of one person is required to start a public company.
• The company name ends with letters Ltd
• Shareholders have a limited liability.
• A prospectus is issued to the public to raise capital.
• Has legal personality and therefore has unlimited continuity
• A public company has a separate legal personality.
• Requires three or more directors and three or more shareholders.
• Profits are shared in the form of dividends in proportion to the share held
•
• A public company is required to hold an AGM (Annual General Meeting).
• Register with the Registrar of Companies by drawing up Memorandum of
Incorporation.
• Raises capital by issuing shares to the public and borrowing capital by issuing a
debenture.
• Auditing of financial statements us compulsory and audited statements are available
to shareholders and the public
• The new Act forces personal liability on directors who knowingly participated in
carrying out business in a reckless/fraudulent manner.

Advantages of a public company

• The business has its own legal identity and can own assets/property.
• Managed by at least one competent highly skilled director.
• Directors bring creative ideas which encourage innovation/high productivity
• Shareholders can sell/transfer their shares freely.
• Attracts small investors as shares can be transferred freely/ easily
• Strict regulatory requirements protect shareholders.
• Easy to raise funds for growth through the sale of shares.
• Additional shares can be raised by issuing more shares or debentures.
• No limitation on the number of shareholders, so growth/ expansion is not limited
• Shareholders have a limited liability for the debt of the company/Shareholders may
only loose the amount which they invested.
• The management of the company can improve since directors are accountable to
shareholders.
• The public has access to the information and this could motivate them to buy shares
from a company

Disadvantages of a public company

• Difficult and expensive to establish as the company is subjected to many legal
requirements
• Must disclose all financial information which can be used by its competitors

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• Directors may not be motivated to work very hard because share-holders decide on
the directors' remuneration
• Directors may not have a direct interest in the company, which can hamper growth
and profit maximisation
• Directors' fees increase the company's expenses which reduces net profit.
• Some shareholders may not exercise their voting rights resulting in choosing the
wrong person as a director
• A full report must be submitted to the major shareholders each year
• Large management structure can result in decision making taking time
• Large amount of funds are spent on financial audits.
• Financial affairs must be known to publicly, this information could be used to
competitors’ advantage.
• Management may be open to legal challenges if their reports do not comply with
King Code III.
• Public companies are subject to more disclosure and transparency requirements.

1.5.4 Differences between the private company and public company

PRIVATE COMPANY PUBLIC COMPANY

- May no offer shares to the general - Trades its shares publicly on the
public. Johannesburg Securities Exchange.
- Shares are not freely transferable - Shares are freely transferable.

- Minimum of one director. - Minimum of three directors.

- Name must end with Proprietary - Name must end with Limited/Ltd.
Limited/(Pty) Ltd.
- Annual financial statements need - Annual financial statements need to be audited
not be audited and published. and published.
- Does not need to publish a - Have to register and publish a prospectus with
prospectus as it cannot trade its the Companies and Intellectual Property
shares publicly. Commission/CIPC.
- The company is not required to - Must raise a minimum subscription prior to
raise the minimum subscription/ commencement of the company.
issue minimum shares.

1.5.6 Differences between the private and a personal liability

company
PRIVATE COMPANY STATE OWNED COMPANY
The name ends with (PTY) Ltd The name ends with INC
The directors are not personally liable The directors are personally liable for the
for the debts of the business. debts of the business.

1.5.7 State owned company Definition

• A state owned company has the government as its major shareholder and falls
under the department of Public Enterprise.

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• These companies take on the role of commercial enterprise on behalf of the

government.

Characteristics of a state-owned company

• The name ends with letters SOC.
• SOC is listed as a public company.
• It is owned by the government and operated for profit.
• One or more persons may incorporate and there is no limit on number of
shareholders.
• Requires three or more directors and one or more shareholders.
• Register with the Registrar of Companies by drawing up Memorandum of
Incorporation.
• State-owned companies support private businesses by providing infrastructure such
as communication service /Post office and supply of electricity/Eskom.
• A state-owned company enjoys financial autonomy because they are to depend on
the government for initial investment.
• The Act imposes personal liability on directors who are knowingly part of the
carrying on of the business in a reckless or fraudulent manner.

• State-owned company is compelled to have its financial statement audited.

• A state-owned company is compelled to attend an annual general meeting (AGM).
• A state-owned company has a separate legal personality and have limited liability.
Shareholders have limited liability

Advantages of a state-owned company

• Shareholders have limited liability.
• Profits may be used to finance other state departments.
• Offer essential services which may not be offered by the private sector
Wasteful duplication of services is eliminated.
• Jobs are created for all skills levels.
• Generates income to finance social programmes.
• Prices are kept reasonable/Create sound competition with the private sector to
make services affordable to more citizens.
• Planning can be coordinated through central control
• Provides a healthy competition to private sectors because of government
contributions.
• Most of the government companies run on sound business lines as they have their
surpluses to run their projects.
• State-owned company can be expanded by means of selling its shares to the public.
• A state-owned company has a separate legal personality.

Disadvantages of a state-owned company

• Inefficiency due to the size of the business.
• Financial statements must be audited.
• Losses must be met by the tax payer.
• Government can lose money through the business.
• Shares are not freely tradable making it difficult to raise capital.
• A lack of incentive for employees to perform if there is no absence of other motivator
such as productivity bonuses.
• A lack of incentive for employees to perform if there is no share in the profit.

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• May result to poor management as government is not always as efficient as the

private sector.
• Often rely on government subsidies which may not cover all the company’s
expenses.
• SOC must follow strict regulations for operations to raise capital.
• A state-owned company is compelled to attend an annual general meeting (AGM).
• State-owned company is compelled to have its Financial statement audited

1.5.8 Non-profit Company

Definition
A non-profit company/NPO I not formed with intent to make a profit, but established for
public benefit.

Characteristics of non-profit companies

• The main aim is to provide service and not to make a profit.
• They are funded by donations and foreign funding.

• The name of the company must end in NPC.

• All profits must be used for the primary objective of the non-profit company.
• It must prepare the Memorandum of Incorporation.
• Qualifying NPCs are granted tax-exempt status.
• The board of a non-profit company must comprise at least three directors (3 or more
directors).
• Non-profit companies do not have a share capital and cannot distribute shares or
pay dividend to their members.

Advantages of a non-profit company

• Profits are used solely for the primary objective of the organisation.
• They provide social services to various communities.
• Donors receive tax deductions.
• The liability of the members is limited
• Has a legal personality and continuity of existence.
• Can receive grants grants/aid
• Surplus of income is retained to further the goals of the business
• Must prepare the financial statements at the end of the year and is not compelled to
audit the financial statements.
• Non-profit companies are not compelled to attend the general annual meeting
(AGM).

Disadvantages of a non-profit company

• Need professional assistance to set up this organisation
• Does not generate enough capital to cover their expenses.
• Donations may not always be enough to finance the company’s expenses.
Assets are not distributed to the members upon closing down.
• Creating a non-profit company takes time/effort/money.
• Obtaining grants can be a slow and tiring process.

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• Incorporators cannot take along the assets accumulated by the NPC if they decide
to leave.
• They are not allowed to pay bonuses to members
• They are compelled to prepare annual financial statements

1.5.9 Co-operatives
A cooperative is a traditional way of a group of interested parties getting together and
sharing resources/infrastructures and costs to achieve a better outcome.

Types of Co-operatives
• Housing co-operative.
• Worker co-operative.
• Social co-operative.
• Agricultural co-operative.
• Co-operative burial society.
• Financial services co-operative.
• Consumer co-operative.
• Transport co-operative

Characteristics of Co-operatives
• Minimum of five members is required to start a cooperative.
• The word ‘Cooperative Limited’ must appear at the end of its name.
• They are motivated by service rather than profit.
• They are managed by a minimum of three directors.
• Decisions are taken democratically
• Members own and run the business together and share equally in its profits
• Legal entity and can own land and open bank accounts.
• Must register with the Registrar of Cooperatives Societies
• The objective of a co-operative is to create mutual benefit for the members.

Advantages of Co-operatives
• Access to resources and funding.
• Decision making is by a group
• Members have limited liability
• The decisions are democratic and fair
• Co-operatives have continuity of existence
• Profits are shared equally amongst members
• Each member has an equal share in the business.
• A co-operative can appoint its own management
• Members are motivated because they are working for themselves
• Can gain extra capital by asking its members to buy shares.
• Resources of many people are pooled together to achieve common objectives.

Disadvantages of Co-operatives
• Difficult to grow a co-operative.
• Shares are not freely transferable
• Very few promotion positions for staff.

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• Decisions are often difficult to reach and time consuming.

• It can be difficult to get a loan because their main objective is not always to make a
profit.
• The success of cooperatives depends on the support of the members.
• All members have one vote regardless of the number of shares held

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