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Sole Proprietorship Registration

An unregistered business entity that is owned, managed, and controlled by a single person is called a sole proprietorship. This is one of the most common forms of business in India used by micro and small business operators.

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Introduction to Sole Proprietorship

A sole proprietorship is one of the oldest forms of business, also known as an individual entrepreneur or proprietorship or sole trader is a business entity that is unregistered and is owned, managed and controlled by a single person is called as its sole proprietorship. This is one of the most common forms of business in India used by micro and small business operators. This form of business is very easy to start and close and have minimal regulatory compliances. A Sole Proprietorship does not offer benefits such as corporate status, separate legal identity, perpetual existence, independent existence, as it is owned and managed by a single person. Therefore proprietorship is suited only for unorganised or small business.

There is no specific mechanism for registration of a sole proprietorship in India, therefore the existence of proprietorship must be established through other registrations like tax registrations, Labour related registration, shops registrations and other statutory business registrations that a business is required to have as per the applicable provisions of the law. Examples of such registrations are of GST registration or MSME registration (Micro Small Medium Enterprises), Shops & Establishment Registration, Factory Licence, IE Code etc. be obtained in the name of the proprietor or the proprietorship in order to establish that the proprietor is operating a business as a sole proprietorship. The name of a proprietorship may be different from that of the proprietor, however, the PAN they share is same.

EASY WAY TO START A SMALL BUSINESS

A sole proprietorship is one of the easiest ways to open a small form of business having less capital and resource. It is the easiest form of business since it isn’t governed by any specific laws. Under this business form, the compliances are minimal and easy to fulfil.


Definitions of sole ownership include small enterprises, such as a one-person art studio, a local grocery store, or an IT consulting company. As soon as you start selling products and services to others, you can become a sole owner. It's just that easy. There is no legal difference between you and your company

Benefits of a Sole Proprietorship

EASY WAY TO START A SMALL BUSINESS

A sole proprietorship is one of the easiest ways to open a small form of business having less capital and resource. It is the easiest form of business since it isn’t governed by any specific laws. Under this business form, the compliances are minimal and easy to fulfil. Some other benefits are enlisted below

1. Easy to establish and operate:

It is quite easy to incorporate a Sole Proprietorship and quite easy to operate as the control in with the proprietor and decision can be quick.

2. LESS INVESTMENT:

Single Proprietorships can be started with a very small amount of investment in the initial process. So, it's a great opportunity for those who want to set up a low-money company, as no minimum capital is required for the start-up of ownership.

Easy to wind up

3. FEWER COMPLIANCE

A proprietorship firm enjoys fewer compliance as compared to other forms of business. Some of the COmpliance applicable on a proprietorship are

a. Income Tax Compliance and audit (as applicable)

b. GST Filing and Compliance

c. Labour Compliance

4. PRIVATE INFORMATION

Unlike other forms of corporate structures, information pertaining to financials and operations of a Sole Proprietorship Firm are not public information. THis form of business is meant for greater discretion of operations within the ambit of law.

5. NO PROFIT SHARING

A Proprietorship from is owned by a single person hence no profit sharing is involved. Whatever profits a Sole Proprietorship FIrm earns belong to the proprietor of the firm.

6. CENTRALISED CONTROL 

A proprietorship basically mean a business started owned and handled by a single person. Hence, the control is absolutely centralised which enable quick decision making. It also avoids any conflicts of ideas or ideology pertaining to the operation of the business.

7. EASIER TAX AUDIT COMPLIANCE

Sole Proprietorship is not expected to have its accounts audited under any particular law each financial year. The audit would depend on the nature of the company and the threshold turnover limits set for the conduct of the audit. As is the case, a tax audit is required if the turnover / sales reaches 1 crores and, for professional services, an audit is required if the receipts surpass Rs 50 lakh. Similarly, a GST audit is expected if the turnover exceeds 2 crores.

 

Registration of a Sole Proprietorship

There is no formal registration procedure for a Sole Proprietorship Firm. It essentially means an individual undertaking business activities. A sole proprietorship firm is not an incorporated form of business nor is a corporate body. But in order to open a bank account and prove the existence of the business one shall take the applicable licence(s) in the name of his Sole Proprietorship. Some of the Licence are enlisted below:

1. GST Registration

2. MSME Registration (Udyog Aadhar Registration)

3. Shops & Establishment Registration

4. Import Export Code | IEC

5. FSSAI Registration

6. Employee State Insurance Registration

8. RERA Registration

9. Eating House License

10. Health Trade License|| HTL

11. Fire NOC

12. Factory / Trade License

13. Permission for Import of Medical Equipments | MD 15

Documents Required

➲ PAN Card of the proposed proprietor

➲ Aadhar Card of the proposed proprietor

➲ Address Proof of proposed business address (any 1):

a. Rent agreement

b. Electricity bill

c. Gas bill

d. Water bill

Bank Account of a Sole Proprietorship Firm

The current account is to be opened in the name of the sole owner or the business name, in order to carry out the financial transactions related to the business undertaking. There are certain KYC (Know Your Customer) standards, declared by the RBI, for opening a bank account. A Bank account is one of the essentials of carrying out a sole proprietorship business. For the opening of a bank account generally, the bank seeks any 2 govt. issued registration certificates in the name of the Proprietorship firm, as a proof of the existence of the business. Hence, one should avail any two of the applicable business registrations/Licences (Mentioned Above) in order to smoothen the process of opening of a bank account of the firm.

Difference between Various forms of business

Sl No.

Particulars

Sole proprietorship

Partnership

Company

1

Govern Under Act

There no such particular act under which it is governed

It is governed under partnership act 1932

It is governed under Companies act 2013

2

Minimum  Requirement

One member

Minimum 2 partners are required

Minimum 2 members and 2 directors are required

3

Primary registration document

Registration certificate under registering authority like GST or MSME or Shops and establishment certificate.

Partnership deed

CIN (certificate of incorporation)/MOA (Memorandum of Association)

4

Managing body

Proprietor

Active Partner

Directors

5

Winding-up

Can wound up voluntarily

Can wound up as per all partners consent

Can wound up as per the provision of companies act

6

Compliance

Less compiled

Less complied as per compare company

More complied

7

Registration

May get registered under GST act or MSMED act or Shops and establishment registration

Can get registration under Partnership act

Get registration under companies act 2013

8

Liability

The proprietor is fully liable

Partners are liable

Member’s liabilities are limited

9

Credibility

(preference by financer at time of financing)

Least credible

More  credible than sole proprietors

More credible

10

Investment size

The small size of the investment can also form this business

More investment is required as compared to proprietary business

The large size of the investment is required

 

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Sole Proprietorship Registration

An unregistered business entity that is owned, managed, and controlled by a single person is called a sole proprietorship. This is one of the most common forms of business in India used by micro and small business operators.

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