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Definition
Sole Proprietorship Is a business structure that is owned by a single individual. The
owner owns all the assets and has unlimited personal liability for losses since there is
no legal distinction between the owner and the business.
While the One Person Corporation (OPC) is a corporation with a single stockholder. In
the former corporation law, you need to have at least 5 incorporators to form a
Corporation. But with OPC, no need for 4 other incorporators and no need for a board of
directors.
Liability
Sole Proprietorship is directly liable. This means the law does not put any distinction
between the company and the individual. The person inherits both the assets and
income of the business, but also its debts and losses.
While an OPC is a separate entity from the owner. Should the company lose money or
go in debt, the personal assets of the owner will not be affected.
Succession
When a sole proprietor dies, the assets and liabilities of his/her business will be
transferred to his/her children/heirs, and the license over the business will expire. If the
children/heirs want to continue the business, they need to secure a new business
license.
For OPC, there is continuity even if the owner dies. In the event of death or incapacity of
the OPC owner, the nominee will take over to continue the business operations until the
successful transfer to the heirs. The heirs then can continue to operate the business
without the need to register a new corporation.