The sole proprietorship is the simplest business form under which one can operate a business. The sole proprietorship is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. A sole proprietorship can operate under the name of its owner or it can do business under a fictitious name, such as ABC Enterprises. The fictitious name is simply a trade name-it does not create a legal entity separate from the sole proprietor owner. The words LLC, Inc, PJSC, GMBC, PTE LTD, PVT LTD & LTD are not allowed to be used at the end of the Sole Proprietorship firm's name. Certain words are prohibited in the by law, one can refer Prevention of Names and Emblems Act.
Sole Proprietorship Firm registraton is not mandatory, with out registration also, you can run the business but to open a current banking account, the banker may insist you to get it registered and hence registration is essential. There is no particular office where you can register your busines, you can register it under GST as trader or supplier of services, Shops & Commercial Establishments as commercial establishment and MSME as MSME entitiy. No separate PAN is allotted as the individual PAN is used for Income Tax purpose. However, a Tax Deduction and Collection Account Number (TAN) will be issued separately.
To register a Sole Proprietorship, there should be an Individual who should attain the age of majority. Most of the Traditional, Street side businesses are established as Proprietorships in India. Establishing a Sole Proprietorship is easy and much cheaper than One Person Company.
Who shall register a Sole Proprietorship Firm: Those who are looking for traditional, small street side businesses may register Sole Proprietorship.
The concept of One Person Company was introduced in the Companies Act, 2013 with an intetion to provide limited liability to the individual enterpenuers with an innovative technology business ideas. One Person Private Limited Company will enjoy the same benefits of a normal Private Limited Company. An individual who does not have the co-founder to start his business venture may incorporate One Person Private Limited Company and enjoy the benefits available under Companies Act, 2013. An individual who wants test his business idea may start OPC Company and once the project is viable, he can approach the Venture Capitalists and get the investment into equity sharecapital and convert into a normal Private Limited Company.
Who shall register OPC Company: An Individual with an innovative business idea who is looking for venture capital fundings, external investment, long term expansion and growth and an individual who wants to enjoy the limited liability.
There is no specific government department prescribed for registration of a Sole Proprietorship Business. But based on the nature of business and turnover levels, it may be registered in the following departments. The banker will accept any two certificate of registrations for opening a Proprietorship Current Banking Account.
MSME stands for Micro, Small and Medium Enterprenuers. The Government of India clearly defined what is Micro, Small & Medium Enterprise. Any business entity falling under these limits can apply for registration under MSME Act. A Sole Proprietorship business can also make application under this department and get the Certificate of Registration. This certificate is alos called as UDYOG AADHAR or UDYAM REGISTRATION.
|Classification||Investment Limit||Turnover Limit|
|Micro||Less than INR 1 Crore||Less than INR 5 Crore|
|Small||INR 1 to 10 Cror||INR 1 to 25 Crore|
|Medium||INR 10 to 50 Crore||INR 25 to 250 Crore|
Goods and Services Tax (GST) is an Indirect Tax (or Consumption Tax) imposed in India on the supply of goods and services. It is a comprehensive multistage, destination based tax. Comprehensive because it has subsumed almost all the indirect taxes except few, multi-staged as it is imposed at every step in the production process, but is meant to be refunded to all parties in the various stages of production other than the final consumer and as a destination based tax, as it is collected from point of consumption and not point of origin like previous taxes.
GST is applicable for the business entities whose turnover is above Rs. 40 lakhs* in a year (Rs. 10 lakhs for north eastern states). A small business entity (ie. with a turnover is below Rs. 1.5 crores (Rs. 75 laksh in North Eastern states)) can opt for GST Composition Scheme for lowering the GST.
Goods and services are divided into different tax slabs for collection of tax - 0%, 0.25%, 1%, 1.5%, 3%, 5%, 6%, 12%, 18% and 28%. However, petroleum products, alcoholic drinks, and electricity are not taxed under GST and instead are taxed separately by the individual state governments, as per the previous tax regime.
The tax came into effect from July 1, 2017 through the implementation of One Hundred and First Amendment of the Constitution of India by the Indian government. The tax replaced existing multiple taxes levied by the central and state governments. The tax rates, rules and regulations are governed by the GST Council which consists of the finance ministers of centre and all the states.
A Sole Proprietorship business can also apply for registration under this Act and get the Certificate of Registration.
Every employer and owner of a shop & establishment whether it is Sole Proprietorship, Partnership Firm, LLP, Private Limited Company, Public Limited Company or any other business entity registered under any other law for the time being inforce shall apply for registration under Shops & Commercial Establishments Act within 30 days of commencement of business. The Shops & Commercial Establishments Act regulates hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments for public entertainment or amusement and other establishments. This registration is compulsory for every business place of work except those who falls under Factories Act 1948. It is a state regulation and each state has separate shop & establishment regulation.
Any business entity except (Ministries / Departments of Central or State Government and persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture), which imports or expors any goods or services, it needs to have Import Export Code (IEC). IEC is a 10 digit code, issued by the office of the Director General of Foreign Trade (DGFT), DGFT is set up under the Ministry of Commerce and Industry, Government of India. Each state has it's jurisdictional office.
An individual or a restaurant, hotel or any business entity who trade, supply, sell, manufacture food has to take FSSAI registration. Food Safety Standards Authority of India (FSSAI) is the governing body regulated under Food Safety and Standards Act, 2006. Before starting a food business, a business entity has to take a 14 digit FSSAI license number under Food Safety and Standards Act. There are three categories of FSSAI License:
Basic License is applicable for the food business whose annual turnover does not exceed Rs. 12 lakhs in a financial year.
State Registration is applicable for the food business whose annual turnover is from Rs. 12 lakhs to Rs. 20 crores in a financial year.
Central Registration is applicable for the food business whose annual turnover is above Rs. 20 crores in a financial year.
A petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator; but they shall register themselves with such authority and in such manner as may be specified by regulations of FSSAI, without prejudice to the availability of safe and wholesome food for human consumption or affecting the interests of the consumers.
A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol or design that identifies and distinguishes the source of a service rather than goods. Trademark is the valuable asset of each company as it is linked to their products and consumers can decide to buy products just based on the trademark. Therefore, trademark must be distinctive for each company so that consumers can distinguish a specific product of a company from others. A trademark is a marketing device that visually sets a company or product apart from similar items trying to gain market share. Trademarks are forms of intellectual property that are unique to a company and or its products. Slogans, symbols, or inventive catchphrases are common examples of trademarks. The purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguises the goods or services of a firm.
The inventor of a word, symbol, logo, slogan, desing, domain name can apply for trademark with the Office of Controller General of Patents Designs and Trademarks. An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. There are four trademark offices are located in India they are Delhi, Mumbai, Kolkatta & Chennai. You can apply for trademark online aswell as offline.
|Enterprises||Physical Filing||Online Filing|
|Where the applicant is an Individual/Startup/Small Enterprise||Rs. 5,000/-||Rs. 4,500/-|
|In all other cases||Rs. 10,000/-||Rs. 9,000/-|
Trademark Registration is a lengthy process and it takes around 12-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually generated on filing for it.
We will prepare all documents for online submission.
We will upload the documents online with the Government web portal and pay the requisite fee if any.
After scrutiny, the Officer will approve the form and issues you the Certificate of Registration through online.
|Certificate of Registration||Tax Deduction & Collection Account Number|
|Shops & Establishments Registration||GST Registration|
|Import Export Code||MSME Registration|
As of now, the Ministry of Corporate Affairs (MCA) is giving automatic Bank Account only for Companies in any one of the following banks (ie. Punjab National Bank, ICICI Bank, Kotak Mahindra Bank, Bank of Baroda, HDFC Bank, State Bank of India, Union Bank of India, IndusInd Bank or Axis Bank). In case of Sole Proprietorship Firm Registrations, you need to open bank account separately once the Firm is registered. We will help getting your Firm Bank Account opened.
No separate PAN is applied in this case as the Proprietor and Proprietorship is same and hence, the Proprietor PAN will be used for all transactions. We will file TAN application once the Proprietorship Firm Registration is done. You will get TAN with in 10 days.
Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees*:
Provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees**.
* This limit is increased to Rs. 40 Lakhs w.e.f 1st April 2019 for all states except the State of Telangana. Special category states ie. Jammu and Kashmir, Ladakh and Assam also opted Rs.40 lakhs limit.
** This limit is increased to Rs. 20 Lakhs w.e.f 1st April 2019 for Special Category States.
We help registering your business under GST by making application online subsequent to the business formation. This GST Registration in India is online and subject to approval with the GST Officer. Normally, with in 4 to 5 days, you will get your GSTIN and some times it may be delayed due to various reasons.
Subsequent upon your Proprietorship Firm Registration, you need to apply for certain other licenses such as (ie. MSME Registration, Import Export Code (IEC), Shops & Establishments Registration, Professional Tax Registration (PT), FSSAI License, Local Trade License etc. We help you get these licenses at an affordable cost.
One your register your Proprietorship Firm, you need to file certatain periodic documents with the GST department, Income Tax Department and Other Statutory Department online by paying requisite fee. Apart from filing documents, you need to maintain certain records, registers and maintain books of accounts. You need to prepare the Firm financials such as Profit & Loss Account, Balance Sheet, Shedules to Accounts, Notes to Accounts etc. Our team of experts will assist you in getting all these compliances done at an affordable cost.
Our team of experienced Chartered Accountants & Company Secretaries will help you get funds to run your business by preparing project reports, business plans & term sheets etc. We also help you pay less tax to the government through a proper tax planning.
The Proprietorship Firm can be formed with low cost and simple documentation where as the One Person Private Limited Company incurr lot of cost at the time of incorporation. Digital Signature Certificate is not required to registar a Sole Proprietorship Firm. The annual compliance cost is much cheaper than that of One Person Private Limited Company. A Sole Proprietorship Firm is not required to submit or file any documents with the Registering Authority on an annual basis. It has to file applications whenever there is a change in the particulars of the business. Sole Proprietorship Firm registraton is not mandatory, with out registration also, you can run the business but to open a current banking account, the banker may insist you to get it registered and hence registration is essential.
Income Tax Audit is not required for a Sole Proprietorship Firm if the turnover of the Firm does not exceed Rs. 1 Crore in a financial year and Rs. 2 Crore in case of presumtive income scheme. For a Sole Proprietorship Firm, the Individual Income Tax Rates prevailing for the time being are applicable. There is an opportunity for income splitting, an advantage of particular importance due to resultant tax savings. The following table illustrates the Income Tax Rates applicable to a Sole Proprietorship Firm:
You can download it here Click Here or you can view herein below:
The Business of a Sole Proprietorship can be changed as per the wishes of the Proprietor of the firm. The proprietor may appoint Manager to manage the business affairs, he can hire employees, supply goods and services. He is not answerable to any other person. He is the whole and sole owner of his business, he is not required to report someone else. He can oparate bank account in Individual capacity. Unlike a Company or other business entity, a Sole Proprietor has a full conrol over decision making of business transaction and it is vested in the hands of Proprietor of the firm and the financail information of the business can not be accessed by third parties. In a Company, the financials can be easily accessable on MCA web portal.
Unlike a Company, a Sole Proprietorship Firm has a conrol over decision making of business transaction and it is vested in the hands of proprietor of the firm and the financail information of the business can not be accessed by third parties. In a Company, the financials can be easily accessable on MCA web portal.
The Proprietor can enjoy surplus revenue as he is whole and sole owner and he does not have any partners in his business. He can reduce his tax burden as he pays the tax in slab rates applicable at the payment of Income Tax. He can claim more deductions under Chapter VI of the Income Tax Act. He can also claim Income Tax Rebate of Rs. 12,500/-.
As an Official Company Registration Agent, we have built strong ties with the Ministry of Corporate Affairs, Govt of India since our own formation. Since we began, our goal has been to provide a seamless incorporation process that is quick and simple to use. Today, our company registration system is one of the most effective and efficient in India. In just over 5 minutes you can submit your new company name application, and often in just 3-5 days, your company will be fully registered. We also keep our company formation pricing competitive, while always exploring innovative ways to provide value to our customers. We are pleased to be one of the most affordable ways to start a company in India.
We have the expertise to advise which is the correct corporate structure they need to put in place. Most customers come to us for help registering a company limited by shares. The limited company structure is popular as it allows profits to be distributed amongst the shareholders while at the same time protecting them through the limited liability aspect. Our team has well over 20-years of combined expertise forming companies and providing corporate and secretarial services that help thousands of our clients grow their businesses each year.
We are incredibly passionate about the quality of our service, and we are incredibly proud of our customer feedback, as shown by our excellent reviews and ratings. Time and time again, we are selected for the value and expertise that our team is known for. We have helped shape the industry by providing innovative business services and bundled packages that have evolved alongside the needs of our customers.
Our clients have access to free support from an expert team. We are always on standby to help. If you need assistance at any point before, during, and after the registration of your company, you will be able to reach us by telephone or email.
We believe in clear and transparent pricing. The price advertised is the price you pay. There are no additional costs to register your business.
In just over 5 minutes you can submit your new company name application, and often in just 3-5 days, your company will be fully registered.
We are experts in our field, our team has over 20 years of experience. Take the hassle out of setting up your business, rest assured that you are backed with the support you need to succeed.
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The whole process, from ordering to using your company registration license, is made as simple and easy as possible to help you build your business.
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Those who are looking for traditional, small street side businesses may register Sole Proprietorship.
Not mandatory. A proprietorship business may be run without registration.
Yes. But his presence should be there in India at the time of Registration.
No minimum capital is required.
You can start.
3 to 7 working days.
The fee varies from State to State in India. Normally, It ranges from Rs. 1000 to Rs. 3000.
Yes, you can but an advoate attestation is required on the application forms. It is advisable to approach a consultant like us before making application for firm registration.
No. He or she should be a major.