Business Structures

Michael and Sarah are preparing to operate a small business which specialises in Australian country cookies. Michael tells you he plans to perform the administrative duties such as sending bills to customers and answering the phone orders. Sarah will cook and decorate the cookies. Michael and Sarah both want some involvement in the management and ownership of the business. Michael and Sarah are married but do not have any close family members. They intend to hire more staff and wish to see the business continue after their retirement. Sarah is aware that another operator has just been sued and was found liable for $1 million dollars in damages after some plastic was found in one of their specialty cookies. Michael and Sarah are unable to decide between a partnership or a company structure.

Required: You are asked to provide advice in IRAC format on how the venture should be structured.