A Sole Proprietorship is a popular form of business due to its simplicity, ease of setup, and nominal cost. A Sole Proprietor need only register his or her name and secure local licenses, and the Sole Proprietor is ready for business. A distinct disadvantage, however, is that the owner of a Sole Proprietorship remains personally liable for all the business’s debts. The owner can be sued for any debts business incurs, and the owner’s personal assets can be seized to satisfy the debts.
A sole proprietorship is often confused with a Partnership because partnership must be registered and separate registration is required for each partner but a sole proprietor does not necessarily need to be registered because it needs no legal agreement. So if a Sole Proprietorship business runs into financial trouble, creditors can bring lawsuits against the business owner. If such suits are successful, the owner will have to pay the business debts with his or her own money.
What’s Sole Proprietorship
There are a lot of definitions for sole proprietorship; A sole proprietorship can be defined as an individual business that is owned and controlled by an individual and is not a joint venture. A sole proprietor is personally liable for all the business’s debts and is the most popular form of small business and is registered as a sole proprietorship because of its simplicity, ease of setup, and nominal cost.
The owner of a sole proprietorship typically signs contracts in his or her own name, because the sole proprietorship has no separate identity under the law. The sole proprietor owner will typically have customers write checks in the owner’s name, even if the business uses a fictitious name. Sole proprietor owners can often commingle personal, business property, and funds, something that partnerships, LLCs, and corporations cannot do. One-man business often has their bank accounts in the name of the owner. Sole proprietors need not observe formalities such as voting and meetings associated with the more complex business forms. Sole proprietorships can bring lawsuits (and can be sued) using the name of the sole proprietor owner. Many businesses begin as sole proprietorships and graduate to more complex business forms as the business develops.
Advantages Of A Sole Proprietorship
1. The Primary Advantage Of A sole Proprietorship Is Its Simplicity
A sole proprietorship business is easier to start than a partnership. You don’t have to fill out most of the paperwork or disclose your personal assets or liabilities. This type of business do not required to obtain a loan or partnership agreement.
2. It’s Not Compulsory To Acquire A License For A Sole Proprietor
A sole proprietorship is does not to obtain a partnership license, and is also not required to be registered with the State unless you want to take your business to the next level. The business does not have pay to corporate or partnership taxes, and it is not required to file annual tax returns. Unlike a partnership, a sole proprietorship does not require the owner to assume any liability for the debts of the business. The owner is only personally liable for any debts that the business incurs. Owner’s personal assets cannot be seized to satisfy debts.
3. Business Name Registration Is Not A Necessity
Unlike a partnership, there is no need to register a name as a sole proprietor. A name that does not have an alias or the name of a deceased person can be used.
4. Less Business Fees
When you running a small business with no employees, like an independent contractor, you can help save some money by setting up a business as a sole proprietor instead of a corporation. Sole proprietorships offer one-person liability protection. But services like corporations and Limited Liability Companies (LLCs) carry liability protection for legal entities.
5. Selling assets
Unlike a corporation, a sole proprietorship does not have to sell all of its assets when it wants to sell the business. If a sole proprietorship wants to sell its business, it can do so by selling the business name and assets of the business if the business owner wishes to but if otherwise, then the proprietor can keep possession of all assets.
Disadvantages Of Sole Proprietorship
1. No liability protection
As a sole proprietor, you don’t have to register with your state, so don’t also get any of the tax benefits that come from having a legal business entity. You are outside the system of taxation and business regulation.
2. No Banking Protection
You don’t have any protection from business bank loans unless you’re able to show that you have an ownership stake in the business. You can get money from a friend or family member, but you must then be able to show that you are truly an owner of the business before you can acquire a loan from a bank or financial institution.
3. No Insurance Protection
If you are the sole proprietor, you are personally responsible for any business losses. Personal assets can be seized to pay the debt In the event of a fire or other liability-related situation.
Sole proprietorships are one of the benefits of this business form; however, this can also be detrimental because, without legal protections associated with incorporating your business, you could find yourself liable for any related challenges.
4. Financial Difficulties And Business Credit
It is a disadvantage to own your own business because it can be more difficult to secure loans. Generally, banks wish to work with established companies that have a history with the bank or legal institutions. This is the reason why established firms do business with other big firms, they have a bit of a reputation on a bank’s mind.
Conclusion
The sole proprietor is an individual business owner with total control over who can contribute what information to the business and how they conduct business.
Sole proprietorship doesn’t need boards, officers, or any of the other positions as a high-functioning limited liability company. You have complete freedom to run your business as a non-public company as you see fit. You won’t be distracted by other business owners because you are legally your own boss, and you won’t need other fixed labor to assist in your day-to-day activities.
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