Proprietorship registration

In this sort of business, an individual normally uses his own capital, skill and intelligence to hold out some commercial activity. he's entitled to receive all the profits and gains of his business and also assumes all the danger of ownership. The only real proprietor exercises full control over the affairs of his business. As there's no legal obligation to provide any information regarding his business to anyone, he can maintain maximum secrecy in conducting his business affairs. This sort of organization is especially suitable for businesses which are small in size and where risk and capital involved aren't very large.

Proprietorship Registration

A Proprietor is a living person who is the owner of a Sole Proprietorship business. A Proprietor must be a living person and cannot be a corporate or legal entity. The Proprietor and Sole Proprietorship are one and the same under the eyes of the law. Hence, in a Proprietorship, the PAN and documents of the Proprietor are the basis for obtaining all other business registrations and licenses. In case of any issues or liability in the Sole Proprietorship business, the Sole Proprietor is held personally liable for the liability.

Who is a Proprietor?

A Proprietor could also be a living one that's that the owner of a Sole Proprietorship business. A Proprietor must be a living person and cannot be a corporation or legal entity. The Proprietor and Sole Proprietorship are one and thus an equivalent under the eyes of the law. Hence, during a Proprietorship, the PAN and documents of the Proprietor are the thought for obtaining all other business registrations and licenses. just just in case of any issues or liability within the only Proprietorship business, the sole Proprietor is held personally liable for the liability.

Registration process of Proprietorship

There is no mechanism provided by the govt. of India for the registration of a Proprietorship. there's also no State or Central Government Authority governing the registration or operations of Proprietorships in India. Therefore, the existence of a proprietorship are often established through one or more tax registrations and business license. as an example , MSME and GST Registration are often obtained within the name of the Proprietor to work out that the Proprietor is functioning a business as a Sole Proprietorship.

As there is no procedure for registering the name of a Sole Proprietorship business, the opposite person can also use the same name for his or her business. However, just just in case a Proprietor wishes to protect the business name and thus the name is exclusive , a trademark registration are often obtained for the business name.

Advantages of Proprietorship

The biggest advantage in starting a Proprietorship is that the straight forward setup. Since there aren't any registrations required to start out out a Proprietorship, the business owner can start taking payments from customers and issue invoices without having to worry about any registration.

The other advantage of a Proprietorship is that it requires no additional compliance in most cases. The PAN of the Proprietor and Proprietorship are one and thus an equivalent . Hence, for a Sole Proprietorship with minimal business revenue - only income tax return in Form ITR-3 must be filed once a year.

Disadvantages of Proprietorship.

Starting a Proprietorship is extremely easy. However, after the startup phase, a Proprietorship doesn't offer the Proprietor a number of advantages like separate legal entity, indebtedness proprietorship, corporate status, transferability, perpetual existence - which are desirable features for any business.

Separate Legal Entity: A Sole Proprietorship doesn't have a separate legal entity. Hence, opening a bank accounting within the name of a business are often a more lengthy process for a proprietorship in comparison to a corporation or LLP.

Limited Liability Protection: A Sole Proprietorship doesn't provide the Proprietor with indebtedness protection. Hence, just in case any loss or liability is made by the Proprietorship business, the Proprietor would be held personally responsible for payment.

Transferability: A Proprietorship business is linked to the PAN of the Proprietor. Hence, any license or registration obtained within the name of the Proprietorship can't be transferred to the other person.

Perpetual Existence: A Sole Proprietorship business and therefore the refore the Proprietor are one and the same. Hence, the existence of the only Proprietorship is tied to the Proprietor. just in case the only Proprietor is not any more - the existence of the only Proprietorship business would also end.

Fundraising: A Proprietorship business cannot raise equity funds from Angel Investors, risk capital firms and personal Equity funds. Banks even have restrictions on the quantity of cash they will lend to a Sole Proprietorship business.

As indicated above, there are various disadvantages for operating a medium-sized or large business as a Sole Proprietorship. Therefore, proprietorship registration is suited just for unorganised, small businesses which will remain small and/or have a limited period of existence.

Common Registrations for Proprietorship

As the identity of a Sole Proprietorship is established through various other registrations and licenses, subsequent are sort of the common registrations that are obtained for a Proprietorship.

MSME Registration: MSME or Udyog Aadhaar registration are often obtained within the name of the business to figure out that the only Proprietorship is registered under the Ministry of Micro, Small and Medium Enterprises.

TAN Registration: TAN Registration must be obtained for the Proprietor from the tax department if the Proprietor is making salary payments wherein TDS deduction is required.

GST Registration: GST registration must be obtained if the Proprietor is selling goods or services that cross the GST turnover threshold limit for registration. In most states, GST registration is required for service providers having annual revenue of quite Rs.20 lakhs and just just just in case of traders - annual revenue of quite Rs.40 lakhs.

Import Export Code: Import Export Code or IE Code are often obtained from the DGFT within the name of the business - just just just in case of a Proprietorship business undertaking export and/or import of products into India.

FSSAI Registration: just just just in case the Proprietorship is involved within the selling of food products or handling of food products, FSSAI registration must be obtained from the Food Safety and Standard Authority of India within the name of the Proprietor.