Advise Shania on which of the business forms under consideration best accomplishes her business goals

consider only the employee issues in Question 4. Identify the points of difference in your analyses and explain how your application of the relevant law to the facts of this situation led you to a different conclusion.Then, assume that Shania opened her coffeehouse and became so successful that she has 20 employees and needs to promote 1 of them to be the night shift supervisor. The employee base is quite diverse; in fact, Shania believes she should promote a racial or ethnic minority employee to demonstrate how inclusive her business has become. Explore the legal, ethical, and biblical issues if Shania makes her promotion decision entirely on that basis. What are her options?Each reply must be supported by 3 scholarly sources, published in last 5 years,  must be properly cited in current APA format.
Post is regarding 4 questions below, on starting and naming new business
1.	Advise Shania on which of the business forms under consideration best accomplishes her business goals. Thoroughly explain the reasons for your recommendation.
2.	Advise Shania on whether her company should become a franchise or should open as an independent coffeehouse. Explain your recommendation.
3.	Perform a corporate name search at this (https://www.sos.state.co.us/biz/BusinessEntityCriteriaExt.do) website to determine if the name Shania is considering is available for use in the State of Colorado. Also assess whether the name is available as a trademark. Even if the name is available, advise Shania on whether it is a good choice. Explain why or why not.
4.	Advise Shania on which of the interested persons she should include in her business, why, and in what role(s). If she chooses not to take in a particular party, what reasons should she give each person, if any? Your analysis must include biblical perspectives, such as biblical considerations of marriage and of business relationships with non-believers.
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What Business Form Would Best Help Shania Accomplish Goals?
            Shania is considering organizing her business as a sole proprietorship, partnership, corporation, LLC, or joint venture. There are advantages and disadvantages to each, and each form is designed for a specific marketing plan. Shania needs to consider what business form suits her needs and goals for her coffee company and weigh out the pros and cons of each.
            A sole proprietorship is a business that appoints one individual to manage the business and finances (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016).  One advantage to this business form includes that this type of business is easily formed as there are few legal formalities (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some other benefits to a sole proprietorship include the owner has complete control over how the business is ran, freedom to hire whoever they desire for the position, and schedule flexibility (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some disadvantages are self-liability regarding contracts, debts, losses, etc (Kubasek, Browne, Herron, Dhooge, & Barkacs). Another disadvantage is possible limited funding due to the individual running the business essentially alone (Kubasek, Browne, Herron, Dhooge, & Barkacs).
            A partnership is a business in which two or more people own jointly (Kubasek, Browne, Herron, Dhooge, & Barkacs). Benefits of a partnership include easy creation due to few legal formalities, earning a personal income, and ability to deduct losses from taxes (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some disadvantages to this business form include that each partner is held accountable for any losses, debts, etc. including those of the other partner (Kubasek, Browne, Herron, Dhooge, & Barkacs).
          A corporation is when a business is owned by shareholders who have invested in the company (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some advantages of corporations include that shareholders are not individually accountable for, and losses and revenue can be easily made by raising stocks (Kubasek, Browne, Herron, Dhooge, & Barkacs). Disadvantages of a corporation include many legal formalities, responsibility to pay taxes on profits made, and shareholders pay taxes on profits they make as well (Kubasek, Browne, Herron, Dhooge, & Barkacs).
           An LLC is a business that is taxed like a partnership, in which members pay their own taxes; however, LLCs have limited liabilities as that of a corporation (Kubasek, Browne, Herron, Dhooge, & Barkacs). Advantages and disadvantages are the same as advantages and disadvantages of a corporation (Kubasek, Browne, Herron, Dhooge, & Barkacs). 
A joint venture is like a partnership as well. It is when at least two people conjoin profits and management tasks in efforts for a specific project (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some benefits of a joint venture are that it is usually equal management, easy to create, and has shared profits and losses (Kubasek, Browne, Herron, Dhooge, & Barkacs). Additionally, disadvantages to this business form include that each member is usually held personally accountable for losses, debts, and obligations (Kubasek, Browne, Herron, Dhooge, & Barkacs).
            Based on Shania’s business goals, she should create the coffeehouse as a sole proprietorship. Although her husband would like to invest in the business, he does not wish to take part in operations; therefore, a partnership or joint venture is not necessary. By opening the coffeehouse as a sole proprietorship, it will be easier for Shania to start the business as there are fewer legal formalities. She will also be able to control the business, hire who she deems fit for the business, and customize the business to her likings (Kubasek, Browne, Herron, Dhooge, & Barkacs). She will also be able to keep all the profits made by the coffeehouse (Kubasek, Browne, Herron, Dhooge, & Barkacs).     
Franchise vs. Independent Coffeehouse
          Shania is considering if she should create her business as a franchise or operate as an independent coffeehouse. A franchise is a business agreement between an owner of a trademark with a business that sells goods or services using their trademark (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some pros of creating a business as a franchise include that there is low risk, raised income, and control of franchiser's usage of trademark (Kubasek, Browne, Herron, Dhooge, & Barkacs). Some disadvantages to a franchise are that it may be held liable if exhibiting excessive control, requires investments to provide resources to the franchisee, and must be worth the franchisee's time/money as they would need to pay a franchisee fee (Kubasek, Browne, Herron, Dhooge, & Barkacs).
            Running a small, independent business has its own set of pros and cons as well. Some pros of an independent business include cheaper cost to create the business, as the highest cost is usually inventory (Franchise vs. Small Business – What is Your Preference?, 2017). Many times, starting a franchise requires the expense of a building which is a cost that is often cut when starting an independent business (Franchise vs. Small Business – What is Your Preference?). Additional advantages to an independent business include freedom to manage the business to the owner's preferences, flexibility of hours, customization of goods, and ability to be creative with no limitations (Franchise vs. Small Business – What is Your Preference?). Cons to running a small business include no health insurance, increased work hours, and possible decreased job security (Franchise vs. Small Business – What is Your Preference?).
           Franchises and small businesses are significantly different. Shania needs to consider the benefits and risks of each and decide which model best suits her business goals. The case study states that she is considering franchise opportunities that would require her to adopt the franchise name, and/or agree to purchase a certain amount of inventory monthly for ten years. I think this is risky as she is a first-time business owner unsure of how well her coffeehouse is going to do; therefore, I do not think she should enter into any agreements with other parties. My recommendation is that she operates as an independent coffeehouse. After reading about the coffeehouse she wants to create, it seems as if a small business would best suit her needs. The coffeehouse she is envisioning seems to be a smaller, self-ran business which would not require the legalities and staff of a franchise. By operating as an independent business, Shania could operate how she wants including being creative with her coffee products, and overall being more hands-on with the business. 
Naming the Business
          Choosing a business name is crucial to establishing a good reputation among customers. A business name must be recognizable as it is the word(s) that will forever be associated with the company. Fanciful names are made-up words, such as Kodak (Naming Your Business: Choosing a Name Capable of Trademark Protection, 2019). Arbitrary marks include using words that are not normally associated with the product, for example, the brand Apple that creates electronics (Naming Your Business: Choosing a Name Capable of Trademark Protection). Suggestive marks include names that relate to the service provided such as Netscape (Naming Your Business: Choosing a Name Capable of Trademark Protection). Fanciful, arbitrary, and suggestive marks may be registered as a trademark immediately without proof of an alternative meaning (Naming Your Business: Choosing a Name Capable of Trademark Protection). Names to avoid are descriptive names such as John's Automobiles, as these names are very difficult to register (Naming Your Business: Choosing a Name Capable of Trademark Protection). Generic names are defined as naming a company after the goods sold by the company, such as naming a company Bananas that sells bananas (Naming Your Business: Choosing a Name Capable of Trademark Protection). These are also to be avoided as they are not able to be registered as a trademark. 
           Shania was considering naming her business The Gathering Place. Unfortunately, this name was taken for multiple businesses including an LLC and a non-profit business in Colorado so she wouldn't be able to use this name (Business Search Results). I would recommend Shania try and create a unique name that her business will become known for and unforgettable. I would also recommend she follow the above guidelines to ensure it is a name that is able to be registered as a trademark.
Shania's Employees
             Shania has multiple friends and family members interested in investing and/or working for her company. Her husband would like to invest in the business, but not be involved in operations. Her sister, Kelsey, would like to work for the coffeehouse; however, her husband who is a non-Christian opposes this idea and wishes for her to be a full-time stay at home mom. Shania's neighbor, Carlos, is a non-Christian who would like to work in the coffeehouse and thinks it would be a hit among local Christian churches.
Corinthians 2 6:14 says, "Do not be unequally yoked with unbelievers. For what partnership has righteousness with lawlessness? Or what fellowship has light with darkness?” (ESV). God gave us this commandment for a very important reason. To put it into perspective, a part of the yoke is around us, and the other is around Jesus as he is leading us through life, guiding us along the way (Working with Nonbelievers, 2019). Work relationships are the same way. Shania would be leading her business towards Christ and following His commandments, so she needs to ensure her business partners share the same views as her. 
Keeping this in mind, it would be acceptable for her to allow her husband to invest in the coffeehouse as he is her partner in life and they are equally yoked. Shania should not allow Kelsey to work in the coffeehouse as Kelsey and her husband are unequally yoked; therefore, he may not agree with some of the visions Shania has for the business.  Also, Shania allowing Kelsey to work in the coffeehouse may create tension in Kelsey’s marriage that Shania may be blamed for. Lastly, Shania should consider hiring Carlos. Although he is not a Christian, it seems as if he does share like-minded views as Shania with attracting local churches. If Carlos is hired as an employee and not as an equal business partner, he would technically not be unequally yoked with Shania.  Additionally, Mark 16: 15-16 commands us to tell the entire world the gospel of Jesus Christ (ESV). Perhaps hiring Carlos will allow Shania an opportunity to lead Him to Christ.  
 
 
 
 
 
References
Business Search Results. Retrieved from: www.state.co.us.
Franchise vs. Small Business – What is Your Preference?. (2017). Retrieved from: www.secureglobalpay.net
Kubasek, N., Brown, M., Neil, H., Daniel, J, et. al. (2016) Biblical worldview of dynamic business law. Retrieved from vitalsource.com
Naming Your Business: Choosing a Name Capable of Trademark Protection. (2019). Retrieved from: www.dmlp.org
Working With Nonbelievers. (2019). Retrieved from: theologyofwork.org.