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 Conversion of Proprietorship into Private Limited - IndiaFilings Last updated: January 30th, 2024 4:37 PM

Conversion of Proprietorship into Private Limited

Converting a proprietorship into a private limited company is a significant step for entrepreneurs seeking to expand their business and reap the benefits of a corporate structure. While a proprietorship offers simplicity and easy setup, transitioning to a private limited company provides advantages such as limited liability, improved access to funding, and enhanced market credibility. This article offers a concise guide for the Conversion of Proprietorship into Private Limited. We will explore the essential steps, legal requirements, and benefits business owners can expect. Whether you're a sole proprietor looking to grow or an aspiring entrepreneur, this article offers valuable insights into the conversion process and its implications.

Proprietorship

A sole proprietorship/proprietorship is a business owned and operated by a single individual. A proprietorship has no legal distinction between the business and the owner. The proprietorship registration controls the business's operations, decision-making, and profits.
  • The owner is personally liable for all business debts, obligations, and liabilities in a proprietorship. This means that the owner's assets are at risk in the event of business losses or legal claims against the business.
  • Additionally, the proprietorship may have limited access to funding options compared to other business structures.
  • It is famous for small-scale businesses and self-employed individuals, such as freelancers, consultants, and small retailers.
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Private Limited Company

Business entities that shareholders privately own are known as private limited companies. It is a legal structure commonly chosen by small to medium-sized businesses. In a private limited company, the liability of shareholders is limited to their share capital contribution, which means their assets are safeguarded in case of any liabilities or debts incurred by the company. This limited liability provides financial security to the shareholders. Private limited companies are characterized by having a minimum of two and a maximum of 200 shareholders. [shortcode_1]

Difference between the Proprietor and Private Limited Company

Before discussing the conversion, we will discuss the difference between a sole proprietor and a Private Limited Company.
Sr. No Difference Sole Proprietorship Private Limited Company
1 Registration Informal Registration It is registered under the Companies Act, 2013
2 Legal status Is not a separate legal entity Is a separate legal entity under the Companies Act,2013
3 Transferability of shares Not transferable Shares are transferrable
4 Liability Unlimited Limited by the extent of shares
5 Members One member only Minimum two member Maximum 200
6 Taxation Income tax is the same for the proprietor and the proprietorship The profits are taxed at 30% surcharges and cess as applicable
7 Compliance