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La protection de la partie faible dans le contrat de ditribution

Par   •  5 Juillet 2018  •  3 613 Mots (15 Pages)  •  492 Vues

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*Growth

Growth is planned based on historical data and future projections. Growth requires the careful use of company resources such as finances and personnel, according to Tim Berry, writing on the "Entrepreneur" website.

*Maintain Financing

Even a company with good cash flow needs financing contacts in the event that capital is needed to expand the organization, according to Tim Berry, writing on the "Entrepreneur" website. Maintaining your ability to finance operations means that you can prepare for long-term projects and address short-term needs such as payroll and accounts payable.

*Change Management

Change management is the process of preparing your organization for growth and creating processes that effectively deal with a developing marketplace. The objective of change management is to create a dynamic organization that is prepared to meet the challenges of your industry.

*Marketing

Marketing is more than creating advertising and getting customer input on product changes. It is understanding consumer buying trends, being able to anticipate product distribution needs and developing business partnerships that help your organization to improve market share.

*Competitive Analysis

A comprehensive analysis of the activities of the competition should be an ongoing business objective for your organization. Understanding where your products rank in the marketplace helps you to better determine how to improve your standing among consumers and improve your revenue.

Section 2 : The company’s shares

company shares - what are they

A share is a token of ownership, and each one represents a vote in the company concerned. Any individual shareholder can have just one, or many.

what do they do?

As every share counts as a vote in the company, the more shares you have the more votes you have - for example, a person with 5 shares can out-vote a person with 4 shares.

The proportions of these votes depend on how many shares you have issued. For example, if you issue 100 shares and have two shareholders with 50 shares each this is exactly the same as issuing 10 shares and each shareholder having 5.

We do not advise you to issue many shares, as the number of shares increase your liability.

Shares may also carry the right to dividend and may allow the individual shareholder to benefit from the sale of the company.

what are the different share types?

ordinary: As the name suggests these are the ordinary shares of the company with no special rights or restrictions. They may be divided into classes of different value.

preference: These shares normally carry a right that any annual dividends available for distribution will be paid preferentially on these shares before other classes.

differential share rights/values: Differential share rights/values: It is also possible to customize the rights of ordinary shares to create differential voting and/or dividend rights. Commonly, this is done by creating A, B and C shares (and so on) out of the ordinary share stock, with each share class being allocated rights as required.

When making such an arrangement it is important to think that matter through in terms of what the company wants to achieve, but without attempting to use legal jargon. Deport Associates can advise and assist in the creation of special share classes by means of a written resolution.

Chapitre2:The competitive environnement of the company:

Section1:The reality of competition:

By default, many business owners resent the idea of competition. After all, who wants to have their customers, and their best ideas, poached by strangers? The reality is that healthy competition in business is actually a good thing and a great catalyst for growth. Here’s why.

1. It’s a great source of motivation

Knowing that your competitors are continually working to grow their businesses can be enough to get you out of bed every morning with a fighting attitude. Having your employees feel the same way – by engaging them in the success of the business as a whole – will help to banish complacency from every part of your business.

2. It helps generate new ideas

In a knowledge economy, the company with the best tactics for delighting its customers is the one that will prevail. So, by necessity, there will also be competition for smart individuals within your industry who can help drive this innovation. As you find better ways to solve customers’ problems, your reputation (and profits) will improve.

3. It makes you continue to focus on customers’ needs

Imagine if customers had no choice but to buy from you. As long as the money rolls in, how motivated would you be to keep them happy? In the real world, if you can’t do this, they will simply go to your competitors. But if you do, you’ll have their loyalty, which means a lower advertising spend and more profit per sale.

4. It’s a sign of healthy demand

Picture taking your stall to a market square where there are no people, just a tumbleweed or two. Your product might be fantastic, but if there’s no demand, your business is doomed. Competition is a clear sign that people want what you’re selling. Much of your job is simply finding a way to market it better than your competitors.

5. It’s a valuable learning experience

Keeping an eye on how competitors run their businesses can be a great way to learn how to improve yours. If they are thriving, you can draw inspiration from how they go about things. That being said, be careful not to copy their branding; it’s probably trademarked.

6. It can make you an expert

To survive in a crowded marketplace, you’ll need to be able to stand out in a powerful and appealing way. Demonstrating that you are an expert in your field and a strong advocate for your niche is a sure-fire way to attract both attention and sales.

Quite

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