A sole proprietorship, also known as a sole trader or simply a proprietorship, is a type of business structure that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (after tax) and has unlimited responsibility for all losses and debts. All assets and debts of the business in the proprietorship are owned by the proprietor. This means that the owner has no less liability than if they were acting as an individual instead of as a business.
A sole proprietor may use a trade name or business name other than his or her name. In India, there is no specific law for registration of sole proprietorship, but as per the Shop and Establishment Law (State Law), every establishment needs to get registered under the Act, which can be used as limited purpose sole proprietorship registration.
As the name reveals, a sole proprietorship is operated managed and run by a single individual. The identity of the organization is nothing but the individual himself. However, depending on the nature of business, it is required to obtain registration such as Professional Tax, GST, IEC, etc. A sole proprietorship can be registered under the MSME Act to avail benefits and protection.
The proprietorship business carries unlimited business risk as the business proprietor is individually responsible to settle all business liabilities. The proprietor’s personal assets are at risk to compensate the business liabilities.
A sole proprietorship is one among the oldest types of business, additionally called a private businessperson or proprietorship or sole trader could be a business entity that's unregistered and is in hand, managed and controlled by one person is termed as its sole proprietorship. this can be one among the foremost common types of business in India employed by small and little business operators. this way of business is incredibly simple to start out and shut and have lowest regulatory compliances. A Sole proprietorship doesn't provide advantages like company standing, separate legal identity, perpetual existence, freelance existence, because it is in hand and managed by one person. so proprietorship is suited just for unorganised or little business.
There is no specific mechanism for registration of a sole proprietary in India, so the existence of proprietorship should be established through different registrations like tax registrations, Labour connected registration, retailers registrations and different statutory business registrations that a business is needed to own as per the applicable provisions of the law. samples of such registrations square measure of GST registration or MSME registration (Micro little Medium Enterprises), retailers & establishment Registration, manufacturing plant Licence, i.e. Code etc. be obtained within the name of the man of affairs or the proprietorship so as to establish that the proprietor is operating a business as a sole proprietorship. The name of a proprietorship could also be totally different from that of the proprietor, however, the PAN they share is same.
The easiest form of business: We all come across various shops in our locality carrying out small business operations. All these are sole proprietorships. It is very easy to form this business. They don't involve any complexities and can be handled by a single person in a comfortable manner.
Easy to start: These businesses do not require mandatory registrations under any law. Registration for only those licenses is required that are specific to the nature of business. So any person can easily start the business with a trading name of his or her choice only it should not clash with any brand name. It also does not require approval from the registry.
Less investment: Sole proprietorship can be started with a minimum amount of capital at the initial phase. This turns out to be an exciting opportunity for someone with low funds and wants to set up a business.
No sharing of profits earned: Sole proprietor is the person who owns and manages the business on its own. So the profits earned will also be enjoyed by him alone.
Less legal compliances: Sole Proprietorship is not governed by any specific law so there are fewer legal compliances. They don't have a predefined Certificate of Incorporation or Registration Certificate. So the compliances depend upon registrations or licenses taken by a particular sole proprietorship. Eg. If sole proprietorship registers itself for GST law, then it will have to comply with the GST return filing etc. there is no requirement of uploading the Annual report or other reports on the MCA website.
Secrecy of information: In a sole proprietorship, the information is not made public.unlike other companies, like Limited Liability Partnership, where financial statements, audit reports are made public for users through the MCA website. The financial reports remain in private hands.
Self-decision making: Since Sole Proprietorship is managed and controlled by a single person so there will be no conflict of ideas and decisions.
No specific audit requirement: It is not mandatory for a sole proprietorship to get its accounts audited for every financial year. The audit will depend upon the nature of the business and the threshold turnover limits specified for the conduct of the audit. Tax Audit is required if turnover/ sales exceed Rs.1 CR. When it comes to professional services an audit is required if receipts exceed Rs. 50 lakh. GST audit is required if the turnover exceeds Rs.2 crores.
Lesser Income Tax: Since Sole Proprietorship involves only a sole proprietor, hence no separate tax is required to be paid by it. They both are considered the same for the purpose of calculation of tax liability. The Sole Proprietor is required to file his normal return and show the profits earned in the business in that return itself.
Color Photo of the Proprietor.
Firm Name with Registered Office.
Personal Proprietor Pan Card & Aadhar Card Copy.
Valid Email-id & Contact Number.
Name of Products / Services in which Your Firm is dealing.
Saving Bank account statement/ First Page of Passbook/ cancelled cheque of proprietor.
If Business Property is own provide Electricity or Legal Ownership Documents other wise Provide Rent Agreement.
Verification of documents provided by you.
Document Preparation.
Apply for proprietorship registration.
Sending you Proprietorship Firm Kit.
No, physical presence is not required. Scanned copies of all the required documents & forms will hold good to complete the procedure online. Also, we at gainme, always encourage faceless and paperless process in all our services. We also provide video/ audio call support at your convenience.
Anyone in India having a valid PAN, is eligible to start a sole proprietorship business with or without registration (depending on the business type) provided, a bank current account is made available to make business transactions. Sometimes, Banks may require GST registration and Shops & establishments registration to open a current account with them.
Most of the local business who start business ad proprietor are small traders, manufacturers, and other small scale shop vendors.
GST Registration if the value of turnover exceeds Rs 40 Lacs (in case of goods) and Rs 20 lacs (in case of services).
It involves additional efforts and time to convert sole-proprietorship.html to other legal entity. However, gainme team will support and guide you in easy conversion to another legal entity.
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