PROPRIETORSHIP PRESENTED BY: WHAT IS A SOLE PROPRIETORSHIP?
A SOLE PROPRIETORSHIP IS A BUSINESS THAT CAN
BE OWNED AND CONTROLLED BY AN INDIVIDUAL, A COMPANY OR A LIMITED LIABILITY PARTNERSHIP. THERE ARE NO PARTNERS IN THE BUSINESS. THE LEGAL STATUS OF A SOLE PROPRIETORSHIP CAN BE DEFINED AS FOLLOWS: IT IS NOT A SEPARATE LEGAL ENTITY FROM THE BUSINESS OWNER THE BUSINESS OWNER HAS UNLIMITED LIABILITY (I.E. THE BUSINESS OWNER IS PERSONALLY LIABLE FOR ALL THE DEBTS AND LOSSES OF THE SOLE PROPRIETORSHIP) IT CAN SUE OR BE SUED IN THE OWNER’S NAME ADVANTAGES OF A SOLE PROPRIETORSHIP 1. EASY AND INEXPENSIVE PROCESS THE ESTABLISHMENT OF A SOLE PROPRIETORSHIP IS GENERALLY AN EASY AND INEXPENSIVE PROCESS. CERTAINLY, THE PROCESS VARIES DEPENDING ON THE COUNTRY, STATE, OR PROVINCE OF RESIDENCE. HOWEVER, IN ALL CASES, THE PROCESS REQUIRES MINIMUM OR NO FEES, AS WELL AS VERY LITTLE PAPERWORK. 2. FEW GOVERNMENT REGULATIONS SOLE PROPRIETORSHIPS ADHERE TO A FEW REGULATORY REQUIREMENTS. UNLIKE CORPORATIONS, THE ENTITIES DO NOT NEED TO SPEND TIME AND RESOURCES ON VARIOUS GOVERNMENT REQUIREMENTS SUCH AS FINANCIAL INFORMATION REPORTING TO THE GENERAL PUBLIC. 3. TAX ADVANTAGES UNLIKE THE SHAREHOLDERS OF CORPORATIONS, THE OWNER OF A SOLE PROPRIETORSHIP IS TAXED ONLY ONCE. THE SOLE PROPRIETOR PAYS ONLY THE PERSONAL INCOME TAX ON THE PROFITS EARNED BY THE ENTITY. THE ENTITY ITSELF DOES NOT HAVE TO PAY INCOME TAX. DISADVANTAGES POTENTIAL DISADVANTAGES INCLUDE THE FOLLOWING: 1. UNLIMITED LIABILITY OF THE OWNER SINCE A SOLE PROPRIETORSHIP DOES NOT CREATE A SEPARATE LEGAL ENTITY, THE BUSINESS OWNER FACES UNLIMITED PERSONAL LIABILITY FOR ALL DEBTS INCURRED BY THE ENTITY. IN OTHER WORDS, IF A BUSINESS CANNOT MEET ITS FINANCIAL OBLIGATIONS, CREDITORS CAN SEEK REPAYMENT FROM THE ENTITY’S OWNER, WHO MUST USE HIS OR HER PERSONAL ASSETS TO REPAY OUTSTANDING DEBTS OR OTHER FINANCIAL 2. LIMITATIONS ON CAPITAL RAISING UNLIKE PARTNERSHIPS AND CORPORATIONS, SOLE PROPRIETORSHIPS GENERALLY ENJOY FEWER OPTIONS TO RAISE CAPITAL. FOR EXAMPLE, THE OWNER CANNOT SELL AN EQUITY STAKE TO OBTAIN NEW FUNDS. IN ADDITION, THE ABILITY TO OBTAIN LOANS DEPENDS ON THE OWNER’S PERSONAL CREDIT HISTORY. FEATURES OF SOLE PROPRIETORSHIP FORMATION AND CLOSURE THIS TYPE OF BUSINESS ORGANIZATION IS FORMED BY THE OWNER HIMSELF. NO LEGAL CONVENTIONS ARE OBLIGED TO START THE SOLE PROPRIETORSHIP FORM OF ORGANIZATION. IN SOME INSTANCES, THE LEGAL FORMALITIES ARE REQUIRED OR THE OWNER SHOULD HAVE A PARTICULAR LICENSE OR A CERTIFICATE TO RUN THE BUSINESS. THE OWNER CAN CLOSE THE BUSINESS AT HIS OWN DISCRETION. EXAMPLE: GOLDSMITH OR A PERSON RUNNING A MEDICAL SHOP SHOULD HAVE A LICENSE TO RUN THIS TYPE OF BUSINESS LIABILITY IN THE SOLE PROPRIETORSHIP BUSINESS, THE SOLE OWNER HAS UNLIMITED LIABILITY. IN THIS CASE, THE OWNER IS HIMSELF LIABLE TO PAY ALL THE LIABILITIES. IF HE TAKES A LOAN FOR ITS BUSINESS THEN HE WILL BE LIABLE FOR ALL THE DEBTS. HENCE, HE IS PERSONALLY LIABLE FOR ALL THE DEBT WHICH CAN BE RECOVERED BY HIS PERSONAL ESTATE WHEN FUNDS ARE INSUFFICIENT. EXAMPLE: A LOAN TAKEN BY THE OWNER OF THE SWEET SHOP IS SOLELY RESPONSIBLE FOR THE REPAYMENT OF THE LOAN TO THE BANK. SOLE RISK BEARER AND PROFIT RECIPIENT A SOLE PROPRIETOR IS ONLY THE ONE WHO BEARS ALL RISKS WHICH ARE RELATED TO ITS BUSINESS. ALL THE PROFITS OR LOSSES WHICH ARE EARNED FROM THE BUSINESS ARE TO BE ENJOYED BY THE SOLE OWNER. CONTROL AS ALL THE RIGHTS AND RESPONSIBILITIES LIE WITH THE SOLE PROPRIETOR THAT IS WHY HE CONTROLS ALL THE BUSINESS ACTIVITIES. NO ONE CAN INTERFERE IN THE BUSINESS ACTIVITIES OF A SOLE PROPRIETOR. HENCE, ONLY THE SOLE PROPRIETOR CAN MODIFY HIS PLANS ACCORDINGLY. NO SEPARATE ENTITY
ACCORDING TO THE ACCOUNTING SYSTEM, THE OWNER
AND THE BUSINESS ARE CONSIDERED AS TWO SEPARATE ENTITIES. BUT THE LAW DOES NOT MAKE ANY DISTINCTION BETWEEN THE SOLE TRADER AND ITS BUSINESS. HENCE, WITHOUT THE SOLE TRADER, THE BUSINESS HAS NO IDENTITY BECAUSE HE IS THE ONLY PERSON WHO PERFORMS ALL THE BUSINESS ACTIVITIES. LACK OF BUSINESS CONTINUITY DEATH, IMPRISONMENT, PHYSICAL AILMENT, INSANITY OR BANKRUPTCY OF THE SOLE PROPRIETOR WILL DIRECTLY AFFECT THE BUSINESS OR IT MAY CAUSE SHUTTING DOWN OF THE BUSINESS. IN THE CASE OF THE BENEFICIARY, SUCCESSOR OR LEGAL HEIR OF SOLE PROPRIETOR, HE CAN RUN THE BUSINESS ON BEHALF OF THE PROPRIETOR. THANK YOU