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Sole Proprietorship Registration
A sole proprietorship is a business that is owned, managed and controlled by one person. It is one of the most common forms of business in India, used by small businesses operating in the unorganized sectors. Proprietorships are very easy to start and have very minimal regulatory compliance requirement for getting started. However, after the start-up phase, proprietorship’s do not offer the promoter a host of other benefits such as limited liability, separate legal entity, independent existence, transferability, etc., which are desirable features for any business. Therefore, proprietorships are suited for unorganized, small businesses that will have a limited existence.
For a Sole Proprietorship business, registration is not required as there is no mechanism provided by the Government of India for the registration or incorporation of a Proprietorship. However, its liability is unlimited and it also doesn’t have perpetual existence.
ComplianceIndia can be your legal and professional partner in India to help you understand how to incorporate a Sole Proprietorship in India quickly and cost-effectively.
Advantages of Sole Proprietorship
Easy to Start
Complete Control of Business Operation
Minimum Compliance requirement
Tax Benefits
Relatively Inexpensive
Annual filing not required
Eligibility to form a Sole Proprietorship
– Single Person to act as Sole Proprietorship
– Must be an Indian Resident
How we Work?
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Packages
Consultation Charges
Nil
Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.
Basic Plan
Rs. 2999/- only
- – MSME Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Expert advice from Experts/ Legal Professionals
Advance Plan
Rs. 9,999/- only
- – MSME Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Account Book-Keeping
- – Ledgers Keeping
- – Current Account Opening in your nearest Branch
- – Legal Drafting of documents
- – 6 months GST Return filing
- – Expert advice from Experts/ Legal Professionals
Ultimate Mega Plan
Rs. 14,999/- only
- – MSME Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Account Book-Keeping
- – Ledgers Keeping
- – Current Account Opening in your nearest Branch
- – Legal Drafting of documents
- – 12 months GST Return filing
- – Expert advice from Experts/ Legal Professionals
Documents Required for Partnership Firm Registration
Comparison with other forms of Business
Form of Business | Proprietorship Firm | Private Limited Company | One Person Company | Limited Liability Partnership | Partnership Firm |
---|---|---|---|---|---|
Act | No specified Act | Companies Act, 2013 | Companies Act, 2013 | Limited Liability Partnership Act, 2008 | Indian Partnership Act, 1932 |
Registration Requirement | No | Mandatory | Mandatory | Mandatory | Optional |
Minimum Number of members | Only 1 | 2 | Only 1 | 2 | 2 |
Maximum Number of Members | – | 200 | – | Unlimited | 50 |
Number of Directors/Partners | Only 1 | 2 – 15 | Only 1 | 2 – Unlimited | 2 – Unlimited |
Separate Legal Entity | No | Yes | Yes | Yes | No |
Liability Protection | Unlimited | Limited | Limited | Limited | Unlimited |
Statutory Audit | Not Mandatory | Mandatory | Mandatory | Dependent | Not Mandatory |
Ownership Transfer ability | No | Restricted | No | Yes | No |
Uninterrupted Existence | No | Yes | Yes | Yes | No |
Foreign Participation | Allowed | Allowed | Not Allowed | Allowed | Not Allowed |
Tax Rates | Low | Moderate | Moderate | High | High |
Statutory Compliance | Less | High | Moderate | Moderate | Less |
GET STARTED | KNOW MORE | KNOW MORE | KNOW MORE | KNOW MORE |
Frequently Asked Questions
1. Who can start a Sole Proprietorship in India?
As per the Companies Act, 2013 any Indian citizen above the age of 18 can start a Sole Proprietorship firm.
2. How consultation will help me?
Our in-house CA/CS/Experts will guide you to incorporate a Sole Proprietorship firm in India and will also suggest the types of registrations that will help you to run your business smoothly.
3. Can I register my Sole Proprietorship firm under Govt. of India?
Our in-house CA/CS/Experts will guide you to incorporate a Sole Proprietorship firm in India and will also suggest the types of registrations that will help you to run your business smoothly.
4. Will my proprietorship firm have a separate legal identity?
No, the proprietorship firm and the proprietor are one and the same legally. The PAN of the proprietor will be the PAN of the firm. Therefore, there will be no separate legal identity for the business. The assets and liabilities of the business and the proprietor will also be one and the same.
5. How can I transfer my Proprietorship?
A business operated under a proprietor cannot be transferred to another person unlike a limited liability partnership or a private limited company. Only the assets in the proprietorship can be transferred to another person through sale. Intangible assets like government approvals, registrations, etc., cannot be transferred to another person.
6. Can other people invest in a Proprietorship?
Proprietorship firms are business entities that are owned, managed and controlled by one person. So they cannot issue shares or have investors.
7. Can I later convert my Proprietorship into a Company or LLP?
Yes, there are procedures for converting your proprietorship business into a company or an LLP at a later date. However, the procedures for the same are cumbersome, expensive and time-consuming. Therefore, it is wise for entrepreneurs to consider and start an LLP or a company in case they are expecting it to be operational at a bigger scale or they want to raise investment.
8. What is the capital requirement to start a Proprietorship?
There is no limit on the minimum capital required to start a proprietorship.
9. Is audit required for a Proprietorship?
It is not necessary for proprietorships to prepare audited financial statements each year. However, a tax audit may be necessary based on turnover and other criteria.
10. What are the annual compliance requirements?
Proprietorships will have to file their annual tax return with the Income Tax department. However, annual reports or accounts need not be filed with the Ministry of Corporate Affairs which is required for an LLP or a company.
11. How to open a bank account for a Proprietorship?
The Reserve Bank of India mandates that the proprietor provide two forms of registration of the proprietorship along with the PAN, identity proof and address proof of the proprietor. The two forms of registration can be any two of the following: MSME registration, Shop & Establishment Act registration, professional license, chartered accountant certificate or others as provided in the RBI KYC norms.
12. What businesses are commonly run as Sole Proprietorships?
Most local businesses are run as sole proprietorships, from grocery stores to fast-food vendors, and even small traders and manufacturers. That is not to say that larger businesses cannot operate as sole proprietorships, they can! Jewellery shops are sole proprietors, but it is not recommended.
13. Can I have partners in a Proprietorship?
Proprietorship firms are business entity that are owned, managed and controlled by one person. So Partners cannot be inducted into a Proprietorship firm.
14. How much time does it take to incorporate a Proprietorship?
ComplianceIndia can incorporate a Sole Proprietorship in 5-6 working days. The time taken for registration will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy registration, please ensure you have all the required documents prior to starting the registration process.
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