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Can a sole proprietorship be a subsidiary of another company?

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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