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Who can own a sole proprietorship?


1. Eligibility Criteria

  • Any resident individual in India can own a sole proprietorship.
  • The person must be 18 years or older to legally enter into contracts.
  • No educational qualifications or special skills are mandated by law.
  • Foreign nationals or Non-Resident Indians (NRIs) cannot directly operate a sole proprietorship without prior government approval.
  • It is best suited for small traders, service providers, and freelancers.

2. Legal Status of the Owner

  • The owner and the business are considered the same legal entity.
  • The sole proprietor bears complete legal responsibility for all business liabilities.
  • Any income earned is directly taxed as personal income of the owner.
  • The owner is personally liable for debts, losses, and legal obligations.
  • No distinction exists between personal and business assets in law.

3. Ownership Rights and Responsibilities

  • The owner has exclusive rights over profits, business decisions, and operations.
  • All decisions are made without the need for consultation or approval from others.
  • The proprietor is responsible for maintaining records, paying taxes, and obtaining licenses.
  • There is no board of directors or partners to share responsibilities.
  • The business ceases upon the death or incapacitation of the owner, unless transferred or restructured.

4. Documentation and Identity Requirements

  • The individual must have valid identity proof (such as Aadhaar, PAN card).
  • Address proof of the business location is usually required for registrations.
  • The proprietor may need to apply for GST, MSME (Udyam), and local licenses based on the nature of the business.
  • A separate current bank account in the business name is recommended.
  • These documents help in establishing the owner as a legitimate business operator.

5. Limitations on Ownership

  • Only one person can own and operate a sole proprietorship.
  • It cannot be jointly owned or inherited as-is without structural changes.
  • The business cannot issue shares or bring in investors as co-owners.
  • There is no scope for succession planning without converting to another entity (like a private limited company).

Expansion is limited due to capital and liability constraints on the single owner.

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