1. No Separate Legal Entity
- A sole proprietorship has no independent legal identity separate from its owner
- The business and the individual are considered the same in the eyes of the law
- All contracts, debts, and obligations entered into by the business are directly attributed to the proprietor
- The owner is fully responsible for the business conduct
- Unlike companies or LLPs, the proprietorship is not recognized as a legal “person”
2. Unlimited Personal Liability
- The proprietor bears unlimited personal liability for all business-related debts and losses
- If the business cannot meet its obligations, the owner’s assets can be seized to pay off liabilities
- There is no legal shield protecting the owner’s personal finances
- This increases risk, especially in high-investment or high-debt businesses
- Creditors can directly sue the proprietor for business defaults
3. Ownership and Control
- The sole proprietorship is fully owned and managed by one individual only
- No other legal person, partner, or shareholder is involved
- The owner holds complete control and decision-making authority
- No legal distinction is made between the person and the business they run
- Changes in ownership require the formation of a new entity
4. No Formal Incorporation
- A sole proprietorship is not incorporated under the Companies Act or any central corporate legislation
- It does not require registration with the Ministry of Corporate Affairs (MCA)
- However, local licenses (like GST, Shop Act, or Udyam registration) may be needed to operate legally
- Legal recognition is usually based on these supporting registrations
- It lacks corporate status, which may limit official recognition in large contracts or tenders
5. Limited Legal Rights and Recognition
- A sole proprietorship may face limitations in entering large-scale or formal business agreements
- It cannot sue or be sued in the business name; all legal matters are conducted in the proprietor’s personal name
- Certain government schemes, bank loans, and contracts may require more formally recognized entities
- The absence of a corporate structure may limit business opportunities
- Legal recognition is generally informal and dependent on business scale and registrations
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