Sole Proprietorship Registration

Overview of Sole Proprietorship Registration

A sole proprietorship is a convenient and simplified way to commence a business in India. It is neither considered as a corporation nor a company and the business is owned by a single person who is the owner/director/shareholder of the proposed entity.

An individual who wishes to sell his/her own products or services can run their business as a sole proprietor and can enjoy the rights provided to any other registered legal entity. Most of the budding entrepreneurs, un-organized businesses and single handily running businesses, find it as an ideal business entity and have registered their business under it. The loss or profit of the company is considered as the loss or profit of the individual and the income of the company is considered as the income of the owner as per the Income Tax Act.

Registering a sole proprietorship business is a digital process that can be accompanied with the help of an expert.

An individual can select any of the below-given options for the registration:

MSME registration (Udyam Registration)
Registration under Shop and Establishment Act as per the rules and regulations of the respective state
GST registration

Why should one choose a Sole Proprietorship firm?

A sole proprietor is one of the best choices for entrepreneurs who wish to handle everything on their own. Despite it, it has various benefits.

Provides flexibility in carrying out business activities
One of the oldest and easiest forms of business structures
Single hand control
Easy to start and close
Hazel free business structures with very few compliance
Self-Accountability
Being your own boss means you are not answerable to any shareholder/director
Decision-making power
Don’t have to share your income and profits with anyone
No disputes between the members

Benefits of a Sole Proprietorship Firm

Every business structure has its own benefits. Some of the specific benefits of a Sole Proprietorship Business are:

Individual’s Investment

To start a sole proprietorship business, an individual who acts as a sole proprietor can invest his personal assets, other financial resources or can borrow money to commence the business activity.

Ownership

A single person has the hold on the entire business and is the owner of the firm. Further, that person can transfer the ownership through a will or last testament as per his/her wish.

No Profit Or Loss Sharing

All the income generated or the loss or debt incurred by the company belongs to the owner, and he/she cannot share it with someone else.

Unlimited Liabilities

This feature sometimes acts as a flaw. Since business and the owner are no separate identity, personal property of the owner can be used to pay the debts of the business.

Fewer Formalities

With the ease of commencement, sole proprietorship comes with a few formalities before and after registration.

Control Power

Control power is in the hands of a single person, and he/she is not answerable to anyone else. The person should be capable of using his skills, expertise, and intelligence to carry on business activities.

Tags: Sole Proprietorship registration, Shop Registration, Shop and Establishment Registration

About

A sole proprietorship is a type of enterprise in which business is owned and managed by an individual. In a sole proprietorship business there is no legal difference between the owner and the business. To put it in another way a sole proprietorship is not a legal entity. An owner is responsible for clearing off the debts of business. The sole proprietorship is a preferable and popular business form. It is simple and easy to form at nominal cost.

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Know How

Documents Required For Sole Proprietorship Registration

Aadhar Of The Proprietor:

The proprietor of the proposed firm has to submit a scanned copy of his/her aadhar card. Aadhar card is required to register any business in India. A person cannot file Income-tax return unless his/her PAN card is linked with aadhar card. In case you don’t have an aadhar card or its information does not match with PAN card, get it corrected before the submission.

PAN Card Of The Proprietor

In addition to Aadhar card, PAN card is also a mandatory document for a proprietorship business registration. PAN card is issued by the Income-tax department t of India which contains a unique PAN card number. All the details of the prerequisite documents should match with the details of the PAN card.

Current Bank Account Details

If the proprietor owns a PAN and Aadhar card, then he is liable to open a bank account in the name of his company. In addition to these documents, he would require identity and address proof. Documents regarding GST registration are also required to open a current bank account.

Office Proof

A proprietor can carry out his business activities at any owned or rented place. He has to provide proof of his registered office, documents worked as proof are:

In case of owned property: any utility bill such as electricity bill, gas bill, water bill, etc. along with the NOC. The bill should not be older than two months

In case of Rented property: lease/ rent agreement along with the NOC from the landlord. Additionally, few registrations given as follows are required for the registration purpose of the proposed firm:

MSME Registration

For it, you have to submit an online application. However, it is not compulsory but is beneficial for the company, especially during the time of loan requirement at a low-interest rate. The government has launched various schemes for the improvisation of SMEs registered under MSME act.

Shop And Establishment Registration

Individual must have shop and establishment license as per the local laws. It is issued by the municipal parties based on the number of workers/ employees in the firm.

Registration Under GST

GST registration is mandatory to carry business activities in India. Even if you are doing online business, you would require a GST number. GST registration can be done in 5 -10 working days with the following documents:

• PAN Card of the proprietor

• Aadhar Card of the proprietor

• Passport size photograph of the proprietor

• Office proof

• Bank Statement copy that contains bank account number, IFSC code, and address

Post Compliances

• One has to file annual Income Tax returns on time.

• One has to file his GST in case they have GST registration

• If liable for TAX audits, the individual should deduct TDS (tax deducted at source) from employees income and file TDS returns.

FAQs on Sole Proprietorship Registration

Please reach us at info@yourlegalexpert.in if you cannot find an answer to your question.

What do you mean by sole proprietorship registration?

A sole proprietorship is a type of enterprise in which business is owned and managed by an individual. As there is no fixed definition of it, commonly recognized registration can be included in it.

What forms of businesses are usually covered under sole proprietorship?

· Udyam Aadhaar (Commonly known as MSME Registration)

· Registration under Shops & Establishments Act

· GST Registration

· Other form of recognized registrations like Food license, Trade License, Performance License, Trademark etc. can also be part of it.

Who can begin a sole proprietorship type business?

Any citizen of India can start a sole proprietorship. Registrations requirement depends on what kind of a business you want to start up.

What sort of papers I need for the opening of my current account with the name of my proprietorship?

Most of the banks ask for a registration of Shops & Establishment Act Registrations. Other than this, you might need copy of Aadhaar, PAN card, proof of your company's existence (like Utility bills) and address & identity proofs, other KYC documents, as required.

How long will it take to establish proprietorship?

It usually takes around 1 - 30 days, depending on what type of registration one wants to opt. This is one of the reasons it a popular type of business among merchants and traders.

What sort of business can be sole proprietorship?

Business like grocery stores, manufacturing businesses, small traders and fast food vendors are most common to be sole proprietorship. Although bigger businesses can be sole proprietorship but it is not recommended as it would be hard to manage alone.

Are any of these registrations available online?

Yes, most of the registrations mentioned are available online making it 100% online process.

Can I switch to a private limited company once I have a sole proprietorship?

Yes, there is no restriction in that. One can gain tax benefits from it as well.

What are the advantages of a sole proprietorship firm?

The greatest benefit of this kind of firm is that it is the least complex and the cheapest form of the business form of doing business. Also it makes your business more credible and brand able.

How are Sole Proprietorship Firms treated in the context of taxes?

Tax slab will remain as that of individual’s.

For whom the Sole Proprietorship is the ideal business model?

Sole Proprietorship Firm is best suited for unorganized and small businesses. The reason being the ease of incorporation and minimal compliance requirements.