Q.Distinguish between a Sole Trading Concern and a Partnership Firm.
Basis of ownership: a Sole Trading Concern has exactly one owner; a Partnership Firm has two or more partners (up to the statutorily prescribed maximum).
Basis of formation: a Sole Trading Concern needs no agreement — one person simply starts the business; a Partnership Firm arises only out of an AGREEMENT between the partners (Section 4, Indian Partnership Act, 1932).
Basis of management: in a Sole Trading Concern, the one owner manages alone; in a Partnership Firm, the business is carried on by all partners, or by any of them acting for all (mutual agency), so a partner's acts in the ordinary course of business bind the whole firm.
Basis of liability: both forms carry unlimited liability, but a Sole Trading Concern's liability rests entirely on one person, while a Partnership Firm's liability is unlimited AND joint-and-several — any one partner can be made to pay a firm debt in full.
Basis of capital and governing law: a Sole Trading Concern's capital is limited to what one person can raise, with no dedicated statute governing it; a Partnership Firm can pool capital from multiple partners and is governed specifically by the Indian Partnership Act, 1932.
A Sole Trading Concern is a one-owner business needing no agreement, with liability resting on a single person; a Partnership Firm is a two-or-more-owner business created by agreement, governed by the Indian Partnership Act, 1932, with unlimited AND joint-and-several liability shared among all partners.
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