Partnership vs Sole Proprietorship

Partnership vs Sole Proprietorship

July 23, 2019

A sole proprietorship, as the name implies, is when one person forms and single handedly operates a business, while a partnership is formed and operated by at least 2 people.

DIFFERENCES BETWEEN SOLE PROPRIETORSHIP AND PARTNERSHIP

PROFIT SHARING: in a sole proprietorship, the proprietor takes all the profit while profit is shared between partners in a partnership.

FINANCING: The proprietor finances the business by himself while partners contribute to the finances of a partnership.

RULES AND REGULATIONS TO GOVERN THE BUSINESS: partnerships usually have a partnership deed that states duties, liabilities etc of partners, while a sole proprietorship has no such document as it is run by one person, there are no set rules for its operation.

DISSOLUTION; a sole proprietorship ends when the proprietor dies, retires or becomes incapacitated. For a partnership, this can only happen where there is no set provision for dissolution in the partnership deed or there is no partnership deed at all. However, a partnership rarely dissolves because of death, incapacitation or bankruptcy of one partner because the other partners can continue the business when one dies, as long as it is stated in the partnership deed.

SIMILARITIES BETWEEN SOLE PROPRIETORSHIP AND PARTNERSHIP

  1. Both do not exist as separate legal entities from the owners, therefore the owners of either a sole proprietorship or partners in a partnership are personally liable for debts and obligations of the businesses.
  2. Both are required to be registered with the Corporate Affairs Commission

Best Regards,

Team 618 Bees

Do you have any question or clarification regarding the topic in this post that was not provided by this post? Or you have questions regarding what the law states about a particular legal issue? Log on to our website – www.618bees.com or call us on 23412803791 to speak to any of our consultants that are always on hand to provide answers to such questions.

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer.This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

A sole proprietorship, as the name implies, is when one person forms and single handedly operates a business, while a partnership is formed and operated by at least 2 people.

DIFFERENCES BETWEEN SOLE PROPRIETORSHIP AND PARTNERSHIP

PROFIT SHARING: in a sole proprietorship, the proprietor takes all the profit while profit is shared between partners in a partnership.

FINANCING: The proprietor finances the business by himself while partners contribute to the finances of a partnership.

RULES AND REGULATIONS TO GOVERN THE BUSINESS: partnerships usually have a partnership deed that states duties, liabilities etc of partners, while a sole proprietorship has no such document as it is run by one person, there are no set rules for its operation.

DISSOLUTION; a sole proprietorship ends when the proprietor dies, retires or becomes incapacitated. For a partnership, this can only happen where there is no set provision for dissolution in the partnership deed or there is no partnership deed at all. However, a partnership rarely dissolves because of death, incapacitation or bankruptcy of one partner because the other partners can continue the business when one dies, as long as it is stated in the partnership deed.

 

SIMILARITIES BETWEEN SOLE PROPRIETORSHIP AND PARTNERSHIP

  1. Both do not exist as separate legal entities from the owners, therefore the owners of either a sole proprietorship or partners in a partnership are personally liable for debts and obligations of the businesses.
  2. Both are required to be registered with the Corporate Affairs Commission

 

 

Do you have any question or clarification regarding the topic in this post that was not provided by this post? Or you have questions regarding what the law states about a particular legal issue? Log on to our website – www.618bees.com or call us on 23412803791 to speak to any of our consultants that are always on hand to provide answers to such questions.

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer.This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

More Articles

Search

Connect With Us

Got any questions?

If you are having any questions, please feel free to ask.

Send us an email

Frequently Asked

  • When are Annual Returns due for filing?

    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.

  • Do I need a Company Secretary?

    A limited liability company (LLC) must not have a company secretary.

  • What is a testimonium clause in an agreement?

    This is the part of the agreement where the witness attests to have witnessed the execution of the agreement.

  • What are the penalties for not registering my products with the SON?
      1. Seizure of goods by the Inspectorate and Compliance Directorate
      2. Payment of a fine.
      3. Prosecution

     

  • What is data protection?

    Data protection is a legal process of protecting sensitive data.

  • What is the importance of registering a patent?

    The main reason to register a patent is to ensure that the inventor is able to exclusively commercially exploit an invention. The rights to a patent are vested in the “Statutory Inventor” i.e. the first person to file and register the patent.

  • Do I have to physically drop off my product sample at NAFDAC office?

    No, you can choose to have it sent to NAFDAC office

  • How many directors do I need to start a company?

    A minimum number of one (1) adult director is required to form a company.

  • What is a trademark?

    A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors; for example, a brand, product or company name, or logo. The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, slogans, colours and shapes, or a combination of all of these.

Call Us Now on +234 901 719 0079 Chat on WhatsApp