SOLE PROPRIETORSHIP
A sole proprietorship, also known as the sole trader or simply a
proprietorship, is a type of business entity that is owned and run by one
individual and in which there is no legal distinction between the owner and the
business. The owner receives all profits (subject to taxation specific to the
business) and has unlimited responsibility for all losses and debts. Every
asset of the business is owned by the proprietor and all debts of the business
are the proprietor's. This means that the owner has no less liability than if
they were acting as an individual instead of as a business. It is a
"sole" proprietorship in contrast with partnerships.
Definition by Glos & Baker "A sole proprietorship is a business
owned by one person who is entitled to all of its profits"
A sole proprietor may use a trade name or business name other than his
or her legal name. In many jurisdictions there are rules to enable the true
owner of a business name to be ascertained.
In the United States
there is generally a requirement to file a doing business as statement with the
local authorities.
In the United Kingdom the proprietor's
name must be displayed on business stationery, in business emails and at
business premises, and there are other requirements.
Advantages
Chiefly they are the ability to raise capital either publicly or
privately, to limit the personal liability of the officers and managers, and to
limit risk to investors
Disadvantages
Raising capital for a proprietorship is more difficult because an
unrelated investor has less peace of mind concerning the use and security of
his or her investment and the investment is more difficult to formalize; other
types of business entities have more documentation.
As a business becomes successful, the risks accompanying the business
tend to grow. One of the main disadvantages of sole proprietors is unlimited
liability where the owner's personal assets can be taken away. This is
particularly true for doing or liabilities created by employees; a corporation
only partially shields an owner or officer for his own actions according to the
principle of piercing the corporate veil. Also, being alone in business, sole
proprietors generally lack money which leads to failure. The small size of the
business limits the breadth of management skills because there are fewer people
working together. As employees generally seek stable employers, small
independent businesses that have a high chance of failing have more difficulty
attracting skilled people. § Lack of continuity. The enterprise may be crippled
or terminated if the owner becomes ill or dies § Relative difficulty obtaining
long-term financing. Because the enterprise rests exclusively on one person, it
often has difficulty raising long-term capital.
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