Distinguish between OPC and Sole Proprietorship

If you are starting a new business and unable to decide whether to start as OPC or sole proprietorship, the following differences between the two will help you to decide  the type of company to be formed.

                         Sole proprietorship is the simplest form of business. It is not a legal entity. It simply means 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 be under a fictitious name. It is easy to set up at nominal cost and sole proprietor need not to register for the business.

Whereas OPC is defined under sec 2(62) of The Companies Act which Means an individual person can now constitute a Company under this concept. In simplest form One Person Company means a company with only one person as a member. He will be the shareholder of the company and avails all the benefits of a private limited company. An OPC is classified as a private company under Companies Act.

The difference of the above two for better understanding are as follows:

Particulars	One Person Company	Sole Proprietorship
Suitability	Suitable for mid sized business.	Suitable for small business.
Promoter’s Liability	Liability is limited. Liability is to the amount of capital invested or the share holds in the company.	Liability is unlimited. Owner is liable for all the debts and liabilities of  business
Legality	Has a separate legal entity.	Not has a separate legal entity.
Governed by	Companies act	NA
Level of Protection	It is protected as s in case of default; the creditors cannot sell the personal assets of the owner for the recovery.	Since, it is not a separate legal entity. It is unprotected as creditors can sell the personal assets of the owner for the recovery.
Registration	Has to be registered by ROC and it will provide certificate.	No registration required.
Name	OPC shall be mentioned below the name of the company.	No guidelines provided.
Minimum no of directors	1 director	No guidelines
Min. no of shareholders	1 person.	NA
Start up Costs	It is comparatively higher around Rs. 15,000. Owner has to pay the cost of incorporation of company, Digital signature Certificate as well VAT/service tax registration number cost.	It is lower around Rs. 5000. Owner has to pay the cost of VAT registration and License under Shops & Establishments Act.
Business Registration Certificate	OPC can easily form a company to get its business registered with registrar of companies as a separate legal entity. After registration a certificate of incorporation will be issued as a proof of registration.	Generally sole proprietorship businesses are not registered with government of India except few businesses.
Taxation	Taxes payable at a flat rate of 30% on profits. You have to pay Dividend Distribution Tax (DDT) and Minimum Alternate Tax.	Sole proprietors must pay at the individual slab rate, but do have some conveniences; for example, if your turnover is less than Rs. 1 crore, you can declare profits at a flat 8%.
Minimum share capital	Minimum paid up capital required to form a One Person Company is Rs.100000.	No such requirement.
Meetings	1 board meeting in each half year. No requirement of annual general meeting.	NA
Annual Compliances	In addition to maintaining books of accounts, they have to get their statements and record audited, do annual filings and inform the necessary changes in structure of the company to Registrar of companies. It would cost around Rs. 10,000 annually on compliances.	Undoubtfully, sole proprietors have to maintain their books of accounts and file income tax returns as annual compliance.
Conversion	It can be converted into Public or Private company.	NA

Author: This blog is written by  Ms. Chanchal Sharma, a passionate blogger of Aapka Consultant.

How Aapka Consultant can help you:-

• Get free expert consultancy from experts.
• We available every time to solving your legal queries.
• Get one stop solution for all legal compliances.
• Process application within 24 Hours.
• Trusted by Most Valuable Startups.
• We Understand Startup Budget & their needs.
• Get quality services at pocket price.

Apply Now to get Online Services of CA CS & Lawyers.