Part 4 (Chapter 13, 14, 16) Flashcards
(32 cards)
What are the important legal and regulatory aspects for entrepreneurs to consider in the Asia Pacific?
1) How easy it is to start a business
2) Licensing and permits
3) Local labour regulations
4) Property laws
5) How easy it is to get credit
6) Investor protection
7) Paying taxes
8) International trade
Give an example of (1) how easy it is to start a business
Ranges from country to country. NZ is the easiest to start a business in the Asia Pacific, taking only one day. Australia is in second place with about two days. In Brunei it takes around 101 days to start a business.
Give an example of (2) Licensing and permits
Asia Pacific is very regulated in terms of obtaining license/permits. E.g. In China it takes around 336 days and costs almost six times the annual income to obtain a license.
Give an example of (3) Local labour regulations
The best way to encourage job creation is through flexible work hours and term contracts, ease of contracting workers and ease of hiring and firing. In this aspect, Singapore and Hong Kong are leaders. Another cost to consider for entrepreneurs is the cost of firing someone (severance pay). Many Asian countries perform poorly in this aspect (217 weeks of severance pay by the company located in Sri Lanka compared to 0 weeks pay in the US).
Give an example of (4) Property laws
Entrepreneurs tend to thrive in areas where property laws are predictable (e.g In NZ it takes around two days to complete the property registration process).
Give an example of (5) How easy it is to get credit
One of the greatest obstacles, especially for women. A good credit information regime is essential for both the debtor and the creditor. Sing, Malay and HK have a very efficient and transparent legal rights index. In AU and NZ, private credit bureaus cover 100% of adults.
Give an example of (6) Investor protection
Entrepreneurs require regulation which allow them to get funds from investors without the need of exercising daily control of the business. They need laws which prevent expropriation and expose it when it does occur. Thailand, China, Singa and NZ perform well in this disclosure aspect.
Give an example of (7) Paying taxes
New Zealand has the easiest regime for the time it takes to prepare and file and pay for corporate income taxes. HK, Singapore and Pakistan are best in terms of total amount of all taxes payable by the business as a percentage of gross profit.
Give an example of (8) International trade
Entrepreneurs who have the fewest required signatures and documents tend to export and import more. They also make it cheaper for exporters to operate. Red tape, inefficient customs and trade transport can force traders to stock more goods in their warehouse which can increase their stock holding costs. HK and Singapore perform well in this aspect with less time taken for traders situated there to access or deliver containers (6 and 5 days respectively).
What are the types of IP Rights?
(1) Patents
(2) Copyright
(3) Trademarks
(4) Trade Secrets
Describe and give an example of (1) Patents
Patents give an individual or a company legal protection in terms of usage and ownership of a product they invented.
This helps them incubate and protect their idea from competitors. However the time for a patent is limited to 20 years and does not guarantee if any other business’ patent is breached while filing a patent.
Example: Usually for innovative, tangible products along technological or scientific lines such as Vaccine.
Describe and give an example of (2) Copyright
Provides protection against intellectual or creative properties.
Patens have a longer life for about 50-70 years and gives the owners’ exclusive rights to produce and distribute their ideas. However they cannot stop another business if the approach a similar idea in a different method.
Examples of types: Literary or creative items such as an artwork, sculpture, novel etc.
Describe and give an example of (3) Trademarks
These offer protection to a distinctive mark, symbol or motto that resonates with a company and its products or services.
A company however cannot trademark terms which are generic to the industry.
Examples: Coca Cola & Apple logo
Describe and give an example of (4) Trade Secrets
Business processes that cannot be patented or the business does not wish t
Example: Coca Cola Formula
What doesn’t qualify for Trade Secrets and can they be protected by the law?
Patenting requires the information be made public which can be a problem for a business especially if that source is of competitive advantage. Often the criteria in which the idea or ingredient falls does not have any proper legal protection for which businesses choose to keep it a secret instead.
Trade secret by law: Not possible but prosecution may be possible in some cases if the information is stolen or leaked.
What are the sources of capital?
(1) Debt Financing
(2) Equity Financing
(3) IPO
(4) Venture Capitalists
(5) Angel Investors
(6) Family & Friends
(7) Own Money
(8) Commercial Banks
What is (1) Debt Financing and (2) Equity Financing?
Debt financing refers to borrowing with an intention of repaying back with interest and within a specific timeline.
Equity finance refers to Selling ownership in the venture and may involve diminishing the entrepreneur’s control. (IPO, private placements).
What are the Pros and Cons of (1) Debt Financing vs. (2) Equity Financing?
Advantages of debt finance:
- Amount borrowed can vary according to your needs
- As long as it is repaid, it will not affect your ownership of the company
- control is not diluted
- timeline between friends and family can be relatively flexible compared to institutions such as banks.
Disadvantages:
- It creates debt obligation
- Interest will be charges- affecting profitability
- Collateral is usually required and banks will value your assets conservatively
- If you borrow from friends or relatives it can sour relations if the business fails
Advantages of Equity finance:
- Greater amount of finance achieved
- no need to pay for interest.
Disadvantage:
- Dilution of control in the firm which can hamper innovation
- Capital is usually only available in very large amounts
- It means ‘selling’ part of your business
- Venture capitalists expect high returns on their investments (at least 25% pa)
- Investors may require you to buy them out at a future point
Give an example situation where debt might be chosen over equity financing.
debt better for fam & friends (pg. 262) Initial situation calls for debt finance to be the better option since going for equity might hamper the required growth and experimentation needed for a business and its idea to grow. However debt financing does have the trouble of loan repayment and relation troubles.
Define (3) IPO
A corporation’s way of raising capital through the sale of securities on the public markets.
What are 4 advantages of IPO?
SIZE OF CAPITAL AMOUNT: selling securities is one of the fastest ways to raise large sums of capital in a short period
LIQUIDITY: The public market provides liquidity for owners since they can readily sell their shares
VALUE: The marketplace puts value on the company’s shares, which in turn allows value to be placed on the corporation
IMAGE: The image of a publicly traded corporation is often stronger in the eyes of suppliers, financiers and customers
What are 4 disadvantages of IPO?
COSTS: the expenses involved iwth a public offering are significantly higher than other sources of capital.Accounting fees and prospectus printing and distribution as well as cost of underwriting the shares, can result in high costs.
DISCLOSURE: Detailed disclosures of the company’s affairs must be made public. New-venture firms often prefer to keep such information private.
REQUIREMENTS: The paperwork involved with government regulations, as well as continuing performance information, drains large amounts of time, energy and money from management. Many new ventures consider these elements better invested in helping the new company grow.
SHAREHOLDER PRESSURE: Management decisions are sometimes short term in nature in order to maintain a good performance record for earnings and dividends to the shareholders. This pressure can lead to a failure to consider the company’s long-term growth and improvement.
Define (4) Venture Capital and their objectives
Venture Capitalists are experienced professionals providing various financial services for new or growing ventures e.g. capital for start up and expansion, funds for market research etc.
Objectives: Venture capitalists usually tend to examine the feasibility of the business and are more concerned about ROI. (expect a return of 42% pa which is extremely high compared to banks, which have 6.5% pa).
Define (4) Venture Capital and their objectives
Venture Capitalists are experienced professionals providing various financial services for new or growing ventures e.g. capital for start up and expansion, funds for market research etc.
Objectives: Venture capitalists usually tend to examine the feasibility of the business and are more concerned about ROI. (expect a return of 42% pa which is extremely high compared to banks, which have 6.5% pa).