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How is a sole proprietorship different from a partnership or corporation?

1. Ownership Structure

  • A sole proprietorship is owned by one individual.
  • A partnership involves two or more individuals sharing ownership.
  • A corporation is a separate legal entity owned by shareholders.
  • Sole proprietorships and partnerships are closely tied to the individuals involved, whereas corporations exist independently.
  • In corporations, ownership can change through the transfer of shares.

2. Legal Identity and Liability

  • A sole proprietorship has no separate legal identity from its owner.
  • A partnership also lacks a separate legal status but is shared among partners.
  • A corporation is a distinct legal person under the law.
  • Sole proprietors and partners have unlimited personal liability.
  • Corporate shareholders enjoy limited liability protection.

3. Formation and Regulatory Requirements

  • Sole proprietorships are the easiest and least expensive to start.
  • Partnerships require a partnership deed and may need registration.
  • Corporations must be registered with the government and meet ongoing compliance standards.
     
  • Corporations must also follow more complex legal and regulatory processes.
  • The formation cost and paperwork increase from sole proprietorship to corporation.

4. Management and Decision-Making

  • In a sole proprietorship, the owner has full control.
  • Partnerships require mutual consent and shared decision-making.
  • Corporations are managed by a board of directors and executive officers.
  • Corporations follow formal procedures for major decisions.
  • Sole proprietors can make quick decisions without external approval.

5. Continuity and Transferability

  • Sole proprietorships end with the owner’s death or decision to close.
  • Partnerships may dissolve when a partner leaves unless otherwise agreed.
  • Corporations have perpetual succession regardless of ownership changes.
  • Transfer of ownership in corporations is easier through share transfers.
  • Sole proprietorships and partnerships have limited continuity and transfer options.

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