1. Not a Separate Legal Entity
- A sole proprietorship does not have a separate legal identity from its owner
- It is considered an extension of the individual, not an independent business unit
- Only registered companies and entities with distinct legal status can become subsidiaries
- Since it lacks corporate personality, it cannot be owned by another entity
2. Ownership Restriction
- A sole proprietorship must be owned by a single natural person, not a company or body corporate
- Indian laws do not permit companies, LLPs, or other legal entities to directly own or operate sole proprietorships
- The structure is based on personal ownership and control, not shareholding or corporate relationships
3. Subsidiary Definition Requirements
- A subsidiary is defined as a company controlled by another company, either through shareholding or voting rights
- This control mechanism applies to registered companies only, not informal or unincorporated businesses
- Sole proprietorships have no shares, no board, and no incorporation, making them ineligible for subsidiary status
4. Lack of Transferable Ownership
- Sole proprietorships cannot issue shares or be legally transferred in the form of ownership units
- Since there is no equity structure, another company cannot acquire or hold a stake in it
- Business transfer, if any, must occur through asset sale, not ownership transfer like in companies
5. No Formal Relationship with Parent Entity
- A company cannot list a sole proprietorship as a formal subsidiary in its records or financials
- If a company wishes to operate a business under its control, it must form a branch, division, or a wholly owned subsidiary company
- Legal and financial reporting requirements demand distinct and recognized entity structures, which a sole proprietorship does not fulfill
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