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What is the definition of unincorporated business?

1. Basic Definition

  • An unincorporated business is a business entity that is not formally registered as a company under corporate laws
  • It operates without a separate legal identity from its owner or owners
  • Ownership and management typically lie with individuals or partners directly
  • Legal existence is tied to the individuals running the business
  • It does not have corporate status or recognition under company law

2. Legal Structure

  • It is not registered under the Companies Act or as a limited liability entity
  • The business is treated as an extension of the owner or group of owners
  • Contracts and agreements are usually signed in the owner’s personal name
  • It lacks formal incorporation documents or a shareholding structure
  • The business and its owner(s) are considered the same legal person(s)

3. Control and Management

  • Decisions are made directly by the owner or a group of owners
  • There are no formal boards, directors, or corporate governance frameworks
  • Daily operations are personally managed without separate legal oversight
  • The business structure allows for informal and flexible control
  • Accountability is directly linked to the individual decision-makers

4. Registration and Recognition

  • It may operate with basic registrations, such as local licenses or permits
  • It is not required to register as a company with the Ministry of Corporate Affairs
  • The business name, if used, is not legally distinct from the owner
  • Official recognition is limited to the identity of the person or persons behind it
  • Documentation and identity proofs refer to individuals rather than a legal entity

5. Continuity and Existence

  • The business’s existence depends on the owner’s continued involvement
  • It does not have perpetual succession or independent continuity
  • It may end with the death, retirement, or incapacity of the owner
  • Ownership transfer usually requires an informal handover or creation of a new setup
  • It does not continue automatically beyond the original owner’s control

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