Register Sole Partnership

Ownership versus OPC Firm

Sole Proprietorship Registration

The sole proprietorship is the simplest business entity to operate a company. There is no legal entity for the sole proprietorship. It refers to person who owns a company and is personally liable for its debts. A sole proprietorship can be operate under the name of the owner or a fictitious name, such as ABC Enterprises. The fictitious name is merely a trading name; it does not create a legal entity distinct from the sole proprietor owner. The terms LLC, Inc., PJSC, GMBC, PTE LTD, PVT LTD, and LTD are prohibited at the end of a Sole proprietorship’s name. Referring to the Prevention of Names and Emblems Act, the law does not permit certain words.

Registration of a Sole Proprietorship Firm is not required; you can operate your business even if it is not registered. However, to open a current bank account, the banker may need you to register your business, making registration mandatory. There is no specific office where a company can be written; it can be registered under GST as a trader or supplier of services, Shops & Commercial Establishments as a commercial establishment, and MSME as an MSME entity. No separate PAN is assigned, as the individual PAN is used for Income Tax. Collection Account Number (TAN) and Tax Deduction will be issued independently.

Individuals of legal age are required to register a Sole Proprietorship. In India, proprietorships account for the majority of traditional, street-level businesses. The formation of Sole Proprietorship is simple and considerably less expensive than that of a One-Person Company.

Who may register a Sole Proprietorship Business: 

Individuals seeking traditional, small street-side businesses may register a Sole Proprietorship.

One Person Company or OPC Company:

 The idea of One Person Company or OPC Company was introduced in the Companies Act of 2013 to provide limited liability to individual entrepreneurs with innovative technology business ideas. The benefits of a One Person Private Limited Company are identical to those of a standard Private Limited Company. A person who does not have a co-founder to start a business can incorporate a One-Person Limited Liability Company and reap the benefits of the Companies Act of 2013. A person who wants to test the viability of his business idea may establish an OPC Company. Once he determines that the project is viable, he can approach venture capitalists for an investment in equity share capital and convert the company into a standard Private Limited Company.r mattis, pulvinar dapibus leo.

Who may register an OPC Company?

A person with an innovative business idea seeking venture capital funding, external investment, long-term expansion and growth, and a person was desiring limited liability.

Why Must I Register My Sole Proprietorship?

The primary motives for registering a sole proprietorship are outlined below. 

Low Formation Expense

Forming a Sole Proprietorship requires fewer expenses and less paperwork than a One-Person Limited Liability Company. The registration of a sole proprietorship does not require a digital signature certificate. The annual cost of compliance is significantly less than that of a One-Person Private Limited Company. A yearly submission or filing with the Registering Authority is not required for a Sole Proprietorship Firm. It must submit new applications whenever there is a change in the business’s specifics. Registration of a Sole Proprietorship Firm is not required; you can operate your business even if it is not registered. However, to open a current bank account, the banker may need you to register your business, making registration mandatory.

Tax Audit

Income Tax Audit is not required for Sole Proprietorship Firm if its annual turnover does not exceed Rs. 1 Crore and Rs. 2 Crore in the case of a presumptive income scheme. Current Individual Income Tax Rates apply to sole proprietorships. There is the possibility of dividing income, which is advantageous due to the tax savings that result. The following table depicts the Income Tax Rates that apply to a Sole Proprietorship:

Flexibility, Ownership, Cotrol & Privacy

Flexibility, Ownership, Control, and Privacy: A Sole Proprietorship’s business can be altered following the proprietor’s desires. The owner can appoint a Manager to manage the company’s affairs, and the Manager can hire employees and provide goods and services. He is not accountable to anyone else. As the sole proprietor of his company, he is not required to report anyone else. He can open a bank account in his capacity. In contrast to a Company or other business entity, a Sole Proprietor has complete control over business transaction decision-making, which is vested in the firm’s proprietor, and financial information of the business cannot be accessed by third parties. The financials of a company are easily accessible via the MCA web portal.

Sharing of Profit

Since he is the sole owner and has no business partners, the proprietor can enjoy any surplus revenue. He can reduce his tax burden by paying Income Tax based on the applicable tax brackets. He is eligible for additional deductions under Chapter VI of the Income Tax Act and can also claim an Rs. 12,500 income tax refund.

Where Should My Sole Proprietorship Be Registered?

No specific government department is required for the registration of a sole proprietorship. Depending on the business’s nature and annual revenue, it may be registered with the following departments. For opening a Proprietorship Current Banking Account, the banker will accept any two certificates of registration.

MSME Registration

MSME is an acronym for Micro, Small, and Medium-Sized Businesses. The Indian government has clearly defined Micro, Small, and Medium Enterprises. Any entity that falls within these parameters may apply for registration under the MSME Act. A Sole Proprietorship business may also obtain a Certificate of Registration through this department. This document is also referred to as UDYOG AADHAR and UDYAM REGISTRATION.

MSME Threshold Boundaries:

ClassificationInvestment LimitTurnover Limit
MicroLess than INR 1 CroreLess than INR 5 Crore
SmallINR 1 to 10 CrorINR 1 to 25 Crore
MediumINR 10 to 50 CroreINR 25 to 250 Crore
GST Registration
  1. In India, the delivery of goods and services is subject to an indirect tax known as the Goods and Services Tax (GST). It is a thorough, multistage, destination-based tax. Multi-staged because it is imposed at each stage of production but is intended to be refunded to all parties in the various stages of production other than the final consumer, destination-based because it is collected at the point of consumption rather than the end of origin, as was the case with previous taxes, and comprehensive because it has absorbed almost all indirect taxes with the exception of a few.
  2. GST applies to business entities whose annual turnover exceeds Rs. 40 lakhs* (Rs. 10 lakhs for northeastern states). A small business entity (i.e., one with a turnover of less than Rs. 1.5 crores (or Rs. 75 lakhs in North Eastern states)) may choose the GST Composition Scheme to reduce its GST rate.
  3. Goods and services are taxed at rates of 0%, 0.25 per cent, 1 per cent, 1.5 per cent, 3 percent, 5 per cent, 6 per cent, 12 percent, 18 percent, and 28 percent, respectively. However, petroleum products, alcoholic beverages, and electricity are not taxed under GST and are instead taxed separately by state governments, per the previous tax system.
  4. The tax went into effect on the 1st of July, 2017, due to the Indian government's implementation of the One Hundred and First Amendments to the Constitution of India. The tax replaced multiple federal and state taxes that had previously been imposed. The tax rates, regulations, and rules are governed by the GST Council, which is comprised of the finance ministers from the centre and all of the states.
  5. A Sole Proprietorship can also apply for registration and receive a Certificate of Registration under this Act.
Stores & Businesses Registration
  1. Every employer and owner of a shop or establishment, regardless of whether they are a sole proprietorship, partnership firm, limited liability partnership (LLP), private limited company, public limited company, or any other business entity registered under any other law currently in effect, must submit an application for registration under the Shops & Commercial Establishments Act within 30 days of starting their operations. The Shops & Commercial Establishments Act governs the working conditions of persons employed in shops, commercial establishments, public entertainment or amusement establishments, and other establishments, including the hours of labour, payment of wages, leave, holidays, and terms of service. All workplaces must register, with the exception of those covered by the 1948 Factories Act. As each state has its own laws, this one is a state law.
IEC Registration

Any company that imports or exports goods or services is required to have an import export code, with the exception of Ministries / Departments of Central or State Government and individuals importing or exporting items for their own use unrelated to trade, manufacture, or agriculture (IEC). The Director General of Foreign Trade (DGFT) office, a division of the Indian Ministry of Commerce and Industry, is responsible for issuing the ten-digit IEC code. There is a jurisdictional office for each state.

FSSAI Registration

Any individual or business that trades, supplies, sells, or manufactures food must obtain FSSAI registration. The Food Safety and Standards Act of 2006 regulates the Food Safety and Standards Authority of India (FSSAI). Under the Food Safety and Standards Act, a business entity must obtain a 14-digit FSSAI license number before launching a food business. There are three FSSAI License categories:

Basic License:

The Basic License applies to food businesses with an annual turnover of less than Rs. 12 lakhs.

State Registration:

State Registration is required for food businesses whose annual turnover is between Rs. 12 lakhs and Rs. 20 crores.

Central Registration:

Registration at the Central Level Registration at the Central Level is required for food businesses with an annual turnover of over Rs. 20 crores.

Who is exempt from the FSSAI Registration requirement?

A minor retailer, hawker, itinerant vendor, temporary stall holder, small scale or cottage or such other industries relating to food business, or tiny food business operator who manufactures or sells any article of food themselves; however, they shall register themselves with the appropriate authority and in the appropriate manner as may be specified by FSSAI regulations, without compromising the accessibility of healthy and safe food for human consumption or affecting.

IPR Registration

What exactly is a Trademark?

A trademark is a word, symbol, phrase, or design that identifies and differentiates the source of one party's goods from those of other parties. A service mark is a word, phrase, symbol, or design that distinguishes the start of service as opposed to a good. Each company's trademark is valuable because it is associated with its products, and consumers purchase products based solely on the trademark. Therefore, a company's trademark must be unique so that consumers can distinguish its products from those of competitors. A trademark is a marketing tool that visually distinguishes a company or product from competitors vying for market share. Unique to a company and its consequences, trademarks are forms of intellectual property. Slogans, symbols, and clever catchphrases are examples of common trademarks. The goal of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc., that distinguishes a company's goods or services distinctively.

Who must register a Trademark?

The creator of a word, symbol, logo, slogan, design, or domain name may submit a trademark application to the Office of the Controller General of Patents, Designs, and Trademarks. A non-business individual may also submit a trademark application and obtain trademark registration for a word or symbol they intend to use in the future. The four trademark offices in India are located in Delhi, Mumbai, Kolkata, and Chennai. You can submit a trademark application online or offline.

What is the registration fee for a trademark?

EnterprisesPhysical FilingOnline Filing
Where the applicant is an Individual/Startup/Small EnterpriseRs. 5,000/-Rs. 4,500/-
In all other casesRs. 10,000/-Rs. 9,000/-

How long does it take to register a trademark?

Trademark Registration is a lengthy process, and it takes approximately 12 to 24 months to obtain registration in an uncomplicated case, with no opposition or objections. Nevertheless, the trademark application number is typically assigned upon filing.

What documents are necessary for Trademark registration?

  1. In the case of an individual, photo identification and a letter of authorization are required.
  2. If the applicant is not an individual, a Certificate of Registration, Startup Certificate, or MSME Certificate, as well as an Authorization Letter, are required.
  3. Logo, if any.

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How to Incorporate a Sole Proprietorship

As registration of a Sole Proprietorship business is not required in India, no particular government agency is designated to register a Sole Proprietorship business. Typically, when opening a Current Banking Account for his Sole Proprietorship Business, the bank instructs the proprietor to provide two registration certificates. Consequently, the proprietor may register their business with any government agency. It may be registered with any government department, including the GST Department, the Labor Department, the Director General of Foreign Trade, the Food Safety and Standards Authority of India, or a department of a similar nature. We advise business owners to register their companies based on their operations’ nature and anticipated annual revenue. The required documents and registration steps for sole proprietorships are listed below.

Documents Required

Proprietor Documents
  1. Proprietor PAN
  2. Proprietor ID Proofs
  3. Aadhaar Card,
  4. Voter Identification Card,
  5. Passport, 
  6. Driver's License.
  7. Proprietor Address Proofs:
  8. Aadhar Card Passport Voter ID Driver's License.
  9. Owner's most recent passport photograph
  10. Proprietor Email ids
  11. Mobile Phone Numbers associated with Aadhar B Office Address Documents
Registered Office Location Proof
  1. Recent Electric Bill Letter of No Objection from the Landlord
  2. If the property is rented, the landlord will provide a rental agreement.
  3. Email address of the sole proprietorship
  4. Office Signage in both English and the Regional Language

3 Steps in the Registration of a Sole Proprietorship:

Document Preparation

By means of Business Setup in India - One Hour Job

All documents will be formatted for online submission.

Online Submissions

Via the Internet - One-Hour Job

We will upload the documents to the government's online portal and pay any applicable fees.

Registration Document

Using the Internet - 3 to 7 Day

After review, the Officer will approve the application and issue the Certificate of Registration electronically.

What All You Get

Why Business Setup in India?

Since our inception as an Official Company Registration Agent, we have maintained close ties with the Ministry of Corporate Affairs, Government of India. From day one, our intention has been to offer a streamlined incorporation procedure that is quick and easy to utilize. Today, our system for company registration is among the most efficient and effective in India. You can file an application for a new company name in slightly more than 5 minutes, and your firm will often be fully registered within 3-5 days. In addition to maintaining affordable pricing for company formation, we are constantly investigating new ways to bring value to our clients. We are proud to be one of the least expensive ways to establish a business in India.

We have the knowledge to advise clients on the appropriate company structure to implement. The majority of our clients want assistance registering a business limited by shares. The limited company structure is prevalent because it permits the distribution of profits to shareholders while safeguarding them through restricted liability. Our team has more than 2 decades of experience founding companies and providing corporate and secretarial services, which aids in the growth of tens of thousands of our clients’ enterprises each year.

We are tremendously passionate about the quality of our service, and we are incredibly proud of the reviews we get from our customers, as evidenced by our outstanding reviews and ratings. Continually, our team is chosen due to the value and skill for which it is renowned. We have helped form the industry by giving our customers innovative business services and packaged solutions that have grown alongside their demands.

Our clients have access to complimentary help from a team of experts. We are always prepared to assist. Throughout the registration of your Company, you will be enabled to contact us by phone or email if you require assistance.

No Hidden Charges

We believe in transparent and straightforward pricing. The price displayed is the price paid. There are no additional fees associated with business registration.

Rapid Service

You can file an application for a new company name in slightly more than 5 minutes, and your firm will often be fully registered within 3-5 days.

20 Years of Expertise

Our staff has over 2 decades of experience, making us specialists in our industry. Take the stress out of establishing your business, and rest easy knowing you have the assistance you need to thrive.

Reliable Service

Today, our customers expect exceptional service. Because of this, we are very pleased that 99 percent of our customers have rated us as "Great" or "Excellent" on Google.

Simplicity

The entire procedure, from ordering to utilizing your company registration license, is designed to be as simple and direct as possible to aid in the growth of your firm.

Privacy and Protection

Customer confidentiality and safety come first. We safeguard your financial, business, and personal information to the utmost degree.

What Comes Next Upon Partnership Firm Registration?

After the Firm is Registered, every sole proprietorship must comply with the law. The annual filing requirements for a Sole Proprietorship are outlined below.

Compliance for Business Ownership

Profit Tax Return

Every Sole Proprietorship Firm must file its Income Tax Return using Forms ITR-3 or ITR-4 by the 30th of September.

TDS Return Due no later than 31 Days after the end of each Quarter

Every Sole Proprietorship Firm that is required to file TDS returns must do so within 31 days of the end of each quarter to avoid incurring a penalty.

PT Return

PT Return Every Sole Proprietorship Firm must file its Monthly PT Return by the 15th day of the following month or face penalties.

GST Returns within 20 days of the quarter's end

Any sole proprietorship required to file GST returns via QRMS must do so by the deadline or face penalties.

PF Returns

before or on the 25th of next month

Any sole proprietorship required to file PF returns monthly must do so by the deadline or face penalties.

ESI Returns

Before the 11th of November & May 11th

Half-yearly returns from April to September will be due on the 11th of November, and those from October to March will be due on the 11th of May.

Let's Deal With Your Confusions

Those interested in traditional, small street-side enterprises may register as a Sole Proprietorship.

Not really. You can run a proprietorship business without registering it.

Yes, however, the presence of a person in India is required during the registration process.

No, no such capital is necessary.

Yes, it is possible.

Approximately 3 to 5 working days.

The usual fee ranges from 1000 INR to 3000 INR, and the price varies from state to state.

Yes, but a witness signature is required on the application forms. Before applying for firm registration, it is advisable to contact a consultant such as ourselves.

No, the person needs to be an adult.

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