Registering your business
By Nilooka Dissanayake
Have you thought of the type of business you wish to set up? Today, let us discuss why you should register your business, the options open to you and the pros and cons of each type of business structure.

Why should you register your business? There are many reasons. Firstly, if the name of your business is registered, no one else can use it for their benefit or to your detriment.

Secondly, you need a registered business if you wish to open a bank account or to obtain bank facilities to carry on your business.

Thirdly, if you wish to bid for tenders and register yourself as a supplier of products or services, business registration becomes a mandatory requirement.

In addition to all the above reasons, the fact that you are a registered business provides a firm foundation on which to build your credibility among prospective customers, clients and business partners. It is proof that you are serious in what you are planning to do.

So, what sort of business should you register? In Sri Lanka, there are four main business structures that are recognized by the banks and other financial institutions. They are, the sole proprietorships, partnerships, cooperative societies and limited liability companies.

The simplest form of business is a sole proprietorship. If you take on business under this structure, your financial risk extends to all your personal and family assets. This means, that in the case of an inability to pay for your business obligations, you are required by law to even sell your personal assets and settle the debts. On the other hand, it is very simple to obtain a registration and the formalities are less rigorous as compared to registering or carrying on a partnership or a limited liability company.

A registration can be obtained from the Registrar of Business Names at the Provincial Council of your area. You can register the business in your name or under any other name that you wish if it complies with the rules and regulations.

The second type of structure is a partnership. Simply put, a partnership is an agreement that a group of persons draft to carry on a business activity for profit. A partnership can have a minimum of two partners and a maximum of 20.

All partnerships require a partnership agreement that is written or verbal. A written agreement will be immensely useful for you to avoid misunderstandings and can save a lot of trouble and loss of friendships.

A partnership agreement needs to include clauses on what each partner puts into the partnership by way of money and assets, what their return should be for all they put in-interest and other payments, what they are entitled to as salaries and allowances, the deductions to be made in calculating the partnership profits, the ratio to use in splitting profits among the partners and when and how the partnership is to be dissolved.

A partnership needs to be registered under the Business Names Act of 1990. Like for a sole proprietorship, you need to register your business with the Registrar at the Provincial Council to which you belong.

To obtain a registration, first you must pay and obtain documents and make an application to ensure that the name you wish to register has not been registered previously.

Then, you must file the forms required to register your business with the Registrar. All partners need to sign on this application. Once the requirements are fulfilled, the registrar will issue a business registration certificate. This must be displayed at your place of business.

A partnership makes the partners jointly and severally liable for meeting the obligations of your business. Still your financial risk extends to your personal assets.The third type of business is a cooperative society which must be registered with the Commissioner of Cooperatives.

The fourth type of business you can register is a limited liability company. When you register a company, with others, you become a shareholder. "Limited liability" means that you are liable for the debts of your company only to the extent that you as a shareholder have taken shares.

We will discuss the registration process for a company and the types of companies in the next article. If you have specific questions on choosing a business idea or starting a business, we look forward to hearing from you. You can reach us on ft@sundaytimes.wnl.lk or call on 074-304112.

The writer is the Managing Editor of Athwela Vyaparika Sangarawa (Athwela Business Journal), the only Sinhala management monthly targeting the small and medium sized business operators and its English version, Small Business International magazine.


Ceylinco Savings launches new leasing service
Ceylinco Savings Bank has launched a leasing service that takes the bank to the doorstep of the customer through a set of bank executives who are fully equipped to offer a variety of savings and leasing products.

A specialised savings bank under the Ceylinco Consolidated umbrella, Ceylinco Savings Bank offers personalized banking services to customers at their own premises. The doorstep leasing concept, further strengthens the banks' services line up while the doorstep leasing facility also falls within the ambit of the banks' declared mission statement, a bank statement said.

The Leasing Service provides lease finance for all types of vehicles, heavy equipment, computers, office equipment and specialised machinery. Since the bank sends its own executive to the customer, all details and documentation required to speed up the lease processing time is immediately collected, if available.


Cathay Pacific announces full-year results
Cathay Pacific Airways last week said group profits for 2002 totalled HK$3,983 million against HK$657 million in 2001 while turnover rose by 8.7% to HK$33,090 million.

The group's much improved performance came from increased passenger demand, strong growth in the cargo business and the success of ongoing efforts to increase productivity and reduce operating costs, it said in a statement. Overall passenger load factors reached record levels while first and business class demand however remained weak.

The airline's cargo business enjoyed sustained growth throughout the year, spurred by high demand for Hong Kong exports in Asia, Europe and, in particular, North America. Cargo Operations to Europe were strengthened by new services to Milan, Brussels and Manchester, it said.


CTC sets new standards
CTC recently underwent a comprehensive audit by Det Norske Veritas (DNV), Norway to verify its ISO 9001 / 14001 Quality & Environmental Management Systems. DNV found the systems to be effective and recommended for certification, the company said.

"This landmark can only be achieved by rigorous preparation and dedication by all employees and the commitment at all levels," said Ahmed Zeb, Operations Director.

An integrated ISO 9001 / 14001 Management System results in the simultaneous achievement of both Quality and the Environmental Standards. Among ISO's most widely known and successful standards, ISO 9001 has become an international reference for quality requirements especially in business to business dealings, and ISO 14001 looks set to achieve as much, if not more, in helping organizations meet current day environmental challenges.


Macksons opens Colour Banks in China, Maldives
Sri Lanka's largest exporter of paints, Macksons Paint Industries, manufacturers of Multilac Paints, recently set up its first overseas colour banks in China's Shanghai province, and in the Maldive Islands.

Managing Director Macksons Paint Industries (Pvt) Ltd, M. Mizver was quoted as saying in a company statement that having exported paints to China for the past three years, and to Male for the past two years, he saw the need for such a facility in these favourable and growing markets. The next colour bank is due to be opened in India.

Macksons Paint Industries has consolidated its market leadership in the export of paints by being the first Sri Lankan paint manufacturer to offer colour tinting systems to overseas markets. This concept, the Coloris France Colour Bank, is in keeping with global trends and offers the most advanced solutions to the consumer.


ICASL's new standards on disclosures
The Institute of Chartered Accountants of Sri Lanka (ICASL) has introduced a new Standard on Presentation and Disclosures of Discontinuing operations.

ICASL, in a statement last week on the objectives of the new Standard, SLAS 38, quoted Reyaz Mihular, its chairman of the Statutory Accounting Standards Committee, as saying "distinguishing discontinuing and continuing operations improves the ability of investors, creditors, and other users of financial statements to make projections of the enterprise's cash flows, earnings-generating capacity, and financial position."

SLAS 38 is a presentation aid disclosure standard, the institute said, adding that it focuses on how to present a discontinuing operation in an enterprise's financial statements and what information to disclose. "It does not establish any new principles for deciding when and how to recognize and measure the income, expenses, cash flows, and changes in assets and liabilities relating to a discontinuing operation," the statement said.


Drug abuse lowers productivity in workplaces
Drug users are less productive and responsible for more than half the thefts in workplaces, it was revealed at a recent panel discussion to mobilize businesses to prevent drug abuse.

Tay Bian How, Director, Drug Advisory Programme, said 85 percent of drug abusers are employed.

Drug users are often less productive and responsible for 50 to 80 percent of the internal thefts and losses, he told the seminar organised by the Drug Advisory Programme of the Colombo Plan in collaboration with the National Dangerous Drugs Board.

The ILO Code of Practice clearly states that drug abuse is an occupational hazard that every work place should address as part of its safety and health practices, Tay Bian How said.

Training managers, supervisors and employees to implement a drug free workplace programme benefits the organisation in numerous ways as it would save money, save employees, save time and enhance the corporate image, he added.

Amal Nanayakkara, Training Manager of Aitken Spence Hotels, dismissed the perception that hotels were a breeding ground for drugs and that hotel staff were involved in supplying drugs.

"If a student is found guilty of taking drugs, are the authorities going to close down the school? If not why is there a special emphasis on the hotels and the night clubs?" asked another hotelier.

Secretary General of the Colombo Plan, Dr. U. Sarat Chandran, underscored the danger that drugs could easily penetrate the workplace as their use was widespread.

Productivity in the workplace is necessary for good quality services, he added.

The panel discussion was titled "The drug scenario in Sri Lanka: policy and strategies to combat the drug menace".

Dr. Pratima Murthy from India described the drug free workplace programme of the Karnataka State Road Transport Corporation as one of the exemplary drug free workplace programmes in Asia.

Prior to the drug free workplace programme, nearly two percent of the employees came intoxicated to work and 2100 employees were addicted, she said.

Strikes and assaults dropped drastically and attendance improved after the implementation of the programme, she added. (TM)


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