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What are the legal requirements for starting a sole proprietorship?

1. No Mandatory Business Registration

  • A sole proprietorship does not require incorporation under the Companies Act or the LLP Act
  • It can be started simply by an individual choosing a business name and beginning operations
  • There is no need to register with the Ministry of Corporate Affairs (MCA)
  • It operates in the name of the owner or a chosen trade name
  • However, certain registrations are required depending on the nature and location of the business

2. Business Name Selection

  • The owner can use a personal name or a trade name for the business
  • There is no need to register the trade name with any central authority
  • The name should not violate trademarks or existing brand rights
  • For banking and licensing purposes, the name must be used consistently
  • A unique and clear name helps in brand recognition and professionalism

3. Mandatory Local Registrations

  • A Shop and Establishment License from the local municipal authority may be required
  • This applies to most businesses operating from a physical location
  • This license validates the business as a legal entity for labor and trade purposes
  • Required within 30 days of starting operations in many states
  • It also helps in opening a current bank account in the business name

4. GST and Other Regulatory Registrations

  • GST registration is mandatory if annual turnover exceeds the prescribed threshold (₹40 lakh for goods, ₹20 lakh for services, or lower in some states)
  • GST is also required if the business makes interstate sales or sells online through e-commerce platforms
  • Businesses can also voluntarily register under Udyam (MSME) for small enterprise benefits
  • Certain professions may require sector-specific registrations or licenses (e.g., FSSAI for food business)
  • PAN and Aadhaar of the owner are used for all compliance procedures

5. Bank Account and Financial Setup

  • A current account in the business name is required for financial transactions
  • To open a current account, banks usually ask for documents like GST registration, Shop Act license, or Udyam registration
  • Invoices, receipts, and business documents should use the business name for consistency
  • It is advisable to separate personal and business finances through a designated account
  • Maintaining financial records, invoices, and proof of transactions helps in regulatory compliance

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