stacey ballard on thu 5 jun 03
Hi Everyone,
I was wondering how most co-ops/guilds are run. As a partnership or a corporation?
Incorporating is more expensive, but as far as liability goes...it seems the safer way to do it. We decided that being non-profit was too complicated, so now we are trying to decide on the partnership/corporation dilemma....any ideas, wisdom, or help out there? Thanks in advance.
Stacey Ballard of Ceramic Artists of Tahoe
www.basicelements.biz
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1trehill on fri 6 jun 03
We run a group shop here in SE Australia. The business is a partnership with
the two partners who just happen to be potters. The business sells pots for
6 local potteries (acting as an agent so that it complies with our tax
laws). Each pottery is allocated a specific amount of selling space and is
billed weekly for its use. Along with that, each pottery has to do
shop-sitting for a specified number of days per month. Each pottery is
responsible for its stock and display while the business partners (me
really) are responsible for the accounting, money distribution, shop and
product insurances, advertising etc. This separation of the business of
selling from the business of making/supplying suits our group.
There's a bit more stuff on my web site if your interested.
Regards Ric Pierce
Studio Potter
One Tree Hill Pottery
PO Box 487 Beechworth Vic 3747 Australia
1trehill@netc.net.au
www.onetreehillpottery.com.au
stacey ballard on fri 6 jun 03
Hi Ric,
Thank you for the information. Did you consider doing it as a corporation? The only reason we have heard that it might be better to do it as a corporation, is because of the liability. If someone hurts themselves (or for whatever reason) they wouldn't be able to sue us personally, so our houses, personal property wouldn't be in danger.....they would only be able to sue the corporation. Are we being too paranoid?
Thanks for your help...I going to check out your sight right now.
Stacey Ballard - Ceramic Artists of Tahoe
1trehill <1trehill@NETC.NET.AU> wrote:
We run a group shop here in SE Australia. The business is a partnership with
the two partners who just happen to be potters. The business sells pots for
6 local potteries (acting as an agent so that it complies with our tax
laws). Each pottery is allocated a specific amount of selling space and is
billed weekly for its use. Along with that, each pottery has to do
shop-sitting for a specified number of days per month. Each pottery is
responsible for its stock and display while the business partners (me
really) are responsible for the accounting, money distribution, shop and
product insurances, advertising etc. This separation of the business of
selling from the business of making/supplying suits our group.
There's a bit more stuff on my web site if your interested.
Regards Ric Pierce
Studio Potter
One Tree Hill Pottery
PO Box 487 Beechworth Vic 3747 Australia
1trehill@netc.net.au
www.onetreehillpottery.com.au
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Mitch Kotula on fri 6 jun 03
Co-Ops are based on written agreement which set the
terms of the co-operation. Lay out why you are
co-opting, who does what, how costs are shared, bills
paid, and, most importantly, how will disputes be
resolved/addressed.
Anyone can come together to do anything together.
Start with a draft and circulate it. You will learn
an awful (I specifically used that word) lot about
your potential co-opters and can then reconsider if
you want to co-opt with them.
The document becomes a contract amongst you, so you
should have an attorney review it to make sure that
you have not left yourselves liable beyond what you
expected. Free law advise is available via law
schools and a good number of do-gooder organizations.
Have not forgotten the mentoring work, have just been
too busy to get things written down.
Mitch
--- stacey ballard
wrote:
> Hi Everyone,
> I was wondering how most co-ops/guilds are run. As a
> partnership or a corporation?
> Incorporating is more expensive, but as far as
> liability goes...it seems the safer way to do it. We
> decided that being non-profit was too complicated,
> so now we are trying to decide on the
> partnership/corporation dilemma....any ideas,
> wisdom, or help out there? Thanks in advance.
> Stacey Ballard of Ceramic Artists of Tahoe
> www.basicelements.biz
>
>
> ---------------------------------
> Do you Yahoo!?
> Free online calendar with sync to Outlook(TM).
=====
Mitch Kotula
Development Plus
PO Box 2076
Hamilton, MT 59840-4076
406-961-5136 (Home)
406-546-6980 (Cell)
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Kenneth D. Westfall on sat 7 jun 03
If you talking about a Co-op that you have member coming and going with a
nominal fee being charged to join then your talking Corporation. Now if
your talking a group of good friend that want to help each other out with
sale and the like then look into a Limited Liability Company (LLC). You
get the liability protection like a corporation but with out the hassle of
having annual meeting and election and officers. The taxes are far easier
to hand and less likely that you need a CPA. You will need to check out if
your state allows them.
At 01:07 PM 06/05/2003 -0700, you wrote:
>Hi Everyone,
>I was wondering how most co-ops/guilds are run. As a partnership or a
>corporation?
>Incorporating is more expensive, but as far as liability goes...it seems
>the safer way to do it. We decided that being non-profit was too
>complicated, so now we are trying to decide on the partnership/corporation
>dilemma....any ideas, wisdom, or help out there? Thanks in advance.
>Stacey Ballard of Ceramic Artists of Tahoe
>www.basicelements.biz
>
>
>---------------------------------
>Do you Yahoo!?
>Free online calendar with sync to Outlook(TM).
>
>______________________________________________________________________________
>Send postings to clayart@lsv.ceramics.org
>
>You may look at the archives for the list or change your subscription
>settings from http://www.ceramics.org/clayart/
>
>Moderator of the list is Mel Jacobson who may be reached at
>melpots@pclink.com.
Kenneth D. Westfall
Pine Hill Pottery
R.D. #2 Box 6AA
Harrisville, WV 26362
pinehill@ruralnet.org
http://www.pinehillpottery.com
1trehill on sat 7 jun 03
Dear Stacey,
Our group has considered the liability aspect. Our shop carries product
liability and 3rd party (customer) liability so the shop/partnership should
be safe. As far as the supplier of goods that caused a liability problem is
concerned, it is up to each individual potter/studio to carry their own
product liability. We don't carry any workers compensation (insurance
covering workplace injury) since the shop workers (potters) don't get paid
and the system here only applies to paid employees.
Paranoid? We hear or imagine the worst possible scenarios, we do our risk
analyses like good business folk then what? Retailing pottery doesn't lend
itself to employing lawyers so we guess that the insurance cover offered
will cover us.
Does anyone out there know first hand of any liability drama associated with
retailing pottery? I think we have all heard rumours but has there been any
real liability cases fought and won by the customer?
Just in case, I must admit that my pottery has taken the decision to
minimise oven-ware. That is, not to make casseroles and pie dishes etc.
Other members of our group however have not. So that's a definitive action.
Regards Ric Pierce
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