Is it feasible For One Person to form a Company?
Are you considering going into business on your own without any young partners? There are two business structures that are appropriate for a little outfit like yours: a single proprietorship (sole trader) or registered company.
While you may consider setting up a single proprietorship, the Corporations Act of 2001 does allow you to put in a company with just one person to get the and run all the stuff. If this is the way you want to go, then all you have to do is indicate your choice in the ASIC registration application as “a proprietary company with limited liability”.
You in order to both truly the only shareholder along with the sole director of firm. The company is legally regarded being a sole shareholder/director proprietary small business. You may wonder why anyone would like better to register for a sole proprietary company regarding as certain proprietorship.
Well, plenty of real advantages to being registered as a sole shareholder/director company. Read on for some potential reasons individuals pick a company of a sole proprietorship:
* Legal personality of company.
Once a business or company is registered with the ASIC as well ACN recently been is issued, the company becomes an authorized entity using a personality which isn’t independent and separate from its shareholder. The aspect has important facts legally: A business can enter into contracts in the own name and it can also sue, and be sued.
If an enterprise is in debt, the money owed does not automatically get to be the debt of the shareholder. As the result, a civil lawsuit for the collection of a sum of money against the company is not ever a court action against the shareholder.
This is that the liability of a shareholder is restricted to the value of his shareholdings unless he previously signed a personal guarantee and only the one pursuing legal action. This built-in limitation is not available in single proprietorships or for sole sellers.
So if you are conducting business by yourself, and require limit little liability, then the sole shareholder proprietary clients are for a person will.
* Flexibility in ownership
If your business grows later on and you would like to create incentives for your non-shareholder employees who have contributed to the success of the company, then this good strategy is to grow their involvement by transferring shares in an additional to him.
This can also known as a stock offer. Because of the company’s structure, you can accommodate non share-holder employees into the corporate shareholdings without being required to terminate the legal status of the organization.
* Continuity
Another associated with the independent personality of the company is that it may continue to exist for the duration of that registration, notwithstanding changes in ownership of the company’s explains. The death or retirement for a shareholder or even the sale, transfer or assignment of the rights to be able to company’s shares will not mean the termination with a company’s existing.
You may one day decide to hand over the reins for this company to a person else, because one of one’s experienced managers or employee-shareholders. Even whenever there is a change of directors, the company will still exist as its registered car.
It is worth it speaking along with a legal adviser or accountant as from what is extremely best structure independently and your organization. Also different countries may have different legislation on this so check locally also.
It is possible to register a company online, , however, if this is a daunting prospect for you, there are appointed registered agents, who will advise and manage your Online OPC Registration in India company registration.
