Difference Between Sole Proprietorship and Partnership

Publishing Date: 04 Nov, 2024


Introduction 

While starting a new business structure, it is important to understand the right legal structure and how it can impact your business. Two common types of business structure are Partnership and Sole Proprietorship. Both structures are popular and considered by people for their business. But there are certain differences between sole proprietorship and partnership structure on the basis of ownership, legal status, regulations, dissolution and other. Get a better understanding of these differences through this article.

What is a Partnership? 

A Partnership is a business structure in which individuals have agreed to share the profit, losses and responsibilities of a business carried on by all or some of them acting for all as mentioned in section 4 of the Indian Partnership Act. One can run a business in partnership even without Partnership Registration, but it is recommended to do registration to avoid crises in future.

What is a Sole Proprietorship? 

A sole proprietor business includes only one person who exercises complete control over its functioning and could exist as long as its sole owner exists. Sole Proprietorship Firm Registration in India is one of the most common forms of business which is adopted by many business owners who run retail shops, traders, wholesalers, MSME manufacturers, etc. Sole proprietorship is the most affordable and less compliance-intensive compared to other forms of business registrations.

Difference Between Sole Proprietorship and Partnership 

Following is the detailed table of difference between Sole Proprietorship and Partnership: 

Basis

Partnership 

Sole Proprietorship 

Ownership 

A Partnership is owned by two or more partners 

Sole proprietorship is owned by a single owner 

Legal Status 

Partnership is a not s separate legal entity but partners and business considered as one entity

Sole Proprietorship is not a separate legal entity 

Decision Making

Decision are made with partners consent

Sole Proprietor himself make decision 

Profit sharing

Profit is shared among partners as per partnership agreement 

Sole proprietor himself enjoy the profit

Continuity 

Partnership can be continued after the retirement or death of a partner 

Sole proprietorship comes to end if the owner dies or retire 

Funding

Easier to raise funds as compared to Sole Proprietorship 

Sole Proprietorship is limited to personal funds or loan of the owner 

Regulations 

Partnership is regulated under the Partnership Act 

Sole Proprietorship is governed by local

Dissolution

Partnership requires to follow a formal procedure for the dissolution including settlement of accounts

Sole Proprietorship dissolve automatically after the death of the owner

Conclusion 

Both Partnership and sole proprietorship have their unique advantages so it is advised to understand both the structure carefully before making any decision. Choose a business structure which matches with your business goal. To clear this vision, understanding the major difference between sole proprietorship and partnership is essential. Both the structures differ from each other on many basis such as regulations, continuity, funding, profit sharing, etc. 

Frequently Asked Questions (FAQs)

1) What is the difference between Partnership and Sole Proprietorship on the basis of ownership?

Partnership is owned by two or more partners while sole proprietorship is owned by a single individual. 


2) Can a Sole proprietorship continue if the owner dies? 

No, if the owner of sole proprietorship dies, it will come to an end while the company can continue if the owner dies. 


3) How are profits distributed in a Sole Proprietorship? 

In Sole Proprietorship, all profit belongs to the owner solemnly.


4) What happens to business if the partner leaves in a Partnership?

If a partner leaves a partnership, the organization can be continued with another partner or it may dissolve depending on the Partnership Agreement. 

About the Author

CA Nayani Agarwal linkedin

All India Rank - 24

Nayani Agarwal is a Chartered Accounting who scored All India rank - 24 & 22 in CA final and CA intermediate respectively. She also scored an India rank - 21 in the Company Secretary foundation. She has overall 10 plus experience in banking and financial services. Her areas of expertise is startup consultancy, ESOP, Income Tax, GST, corporate Compliances & import expeort consultancy.