ABSTRACT

When a group of businessmen get together and decide to start a business, one decision that they will need to make early on is whether to operate as a company or as a partnership. There are certain advantages, and indeed certain disadvantages, that attach to incorporation. The following are, therefore, matters which businessmen will need to consider. The essence of the company is that it is a separate person in law, see Salomon v A Salomon & Co Ltd (1897) (see para 2.1). From this very basic difference between the company and the partnership flow many of the advantages and disadvantages of incorporation.