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Sole Proprietorship

Starting A Business?

VLN & Associates have an expert team to help budding entrepreneurs to set-up their business in India, offering a variety of company registration like Private limited company registration, one person company (OPC) registration, Nidhi Company Registration, Section 8 Company (Non-profit organisations) Registration, Producer Company Registration and Indian Subsidiary registration.

We offer all kinds of company related services, from the start till the end. We at VLN & Associates guide young entrepreneurs with their start-ups, not just with the registration part, but also advising them to smartly procure, use and invest their funds. We also advice our clients about the different type of organisation available to start to suit their requirements.

Sole Proprietorship

Proprietorship is an alias for the Proprietor to do business. Proprietorships are ideal for very small businesses in the unorganised sector.

REGISTRATION

A sole proprietorship is a type of unregistered business entity that is owned, managed and controlled by one person. Sole proprietorship's are one of the most common forms of business in India, used by most micro and small businesses operating in the unorganised sectors. Proprietorships are very easy to start and have very minimal regulatory compliance requirement for started and operating. However, after the start-up phase, proprietorship's do not offer the promoter a host of benefits such as limited liability proprietorship, corporate status, separate legal entity, independent existence, transferability, perpetual existence - which are desirable features for any business. Therefore, proprietorship registration is suited only for unorganised, small businesses that will remain small and/or have a limited period of existence.

There is no mechanism provided by the Government of India for the registration of a Proprietorship. Therefore, the existence of a proprietorship must be established through tax registrations and other business registrations that a business is required to have as per the rules and regulations. For instance, VAT or Service Tax or now GST Registration can be obtained in the name of the Proprietor to establish that the Proprietor is operating a business as a sole proprietorship. Thus, all the registrations for a proprietorship would be in the name of the Proprietor, making the Proprietor personally liable for all the liabilities of the Proprietorship.

The average time taken to complete a proprietorship registration is 3 - 5 working days, subject to government processing time and client document submission.

Easy to Start

Proprietorship needs minimal registration. Therefore, it is one of the easiest form of business entity to start with minimal formalities. However, after starting up a Proprietorship, it is relatively harder to open a bank account or obtain a payment gateway in the name of the business - since more registrations like VAT or Service Tax or GST Registration may be required.

Business Name

Since the name of a proprietorship is not registered, a proprietorship can choose to have any name - as long as it does not infringe on a registered trademark. However, since the name is not registered, any other person can also use the same business name unless trademark registration is obtained.

Lower Taxes

Proprietorship with less than Rs 3 lakhs of income is not required to pay any income tax, as proprietorship's are taxed as the individual owing the business. However, unlike a company or LLP, a proprietorship cannot enjoy some of the tax deductions, which could potentially increase the tax liability.

DOCUMENTS REQUIRED FOR PROPRIETORSHIP REGISTRATION

Identity and Address Proof

Identity and address proof will be required for all directors and shareholders of the company to be incorporated. In case of Indian nationals, PAN is mandatory. For foreign nationals, apostilled or notarised copy of passport must be submitted mandatorily. All documents submitted must be valid. Residence proof documents like bank statement or electricity bill must be less than 2 months old.

Identity Proof of Proprietor

PAN for Indian Nationals.
Apostilled or Notarised Passport copy for Foreign Nationals.

Registered Office Proof

All companies must have a registered office in India. To prove access to the registered office, a recent copy of the electricity bill or property tax receipt or water bill must be submitted. Along with the utility bill, rental agreement or sale deed and a letter from the landlord with his/her consent to use the office as a registered office of a company must be submitted.

Address proof of a Partner

Passport, Driver’s License, Aadhaar, Bank Statement or Electricity Bill.
The last two documents must be valid, recent and less than 2 months old.