Know your business

At what age can an individual entrepreneur be opened for citizens of Russia? At what age can you open an IP - minor entrepreneurs nuances during registration.

From how old you can open an IP - the main question that we will reveal in our article. Legislation Russian Federation gives ambiguous answers, which causes bewilderment among novice entrepreneurs. For example, there are controversial situations when teenagers assume that it is possible to register an IP from the age of 14. Moreover, some lawyers adhere to the same opinion. Is this really so - let's figure it out.

At what age can you legally open a sole proprietorship?

The current law states that a citizen who is recognized as fully capable and of full age can engage in entrepreneurial activity, even if court injunctions are not imposed on his activity.

According to the law (Article 21 Part 1 of the Civil Code of the Russian Federation), responsibility for their own actions is fully assigned to persons whose age has reached eighteen years. However, there are exceptions for doing business that allow you to become a sole proprietor at a younger age. This is evidenced by Art. 27 of the Civil Code of the Russian Federation: a minor whose age has reached the age of 16 can be recognized as absolutely capable if he conducts a labor activity, or if his parents / guardians agree to open an IP for him. The guardianship authorities or the court can carry out the emancipation procedure (declaring a minor fully capable).

In the first case, the consent of both parents/guardians will be required. If one of them speaks out against such a decision, the guardianship authorities will not be able to resolve the issue, and you must go to court to obtain emancipation.

If the court decides to deny a citizen the right to emancipation, the latter is not prohibited from re-applying to the judicial authorities with the same requirements.

In order to register an individual entrepreneur with the Federal Tax Service of the Russian Federation, in addition to the standard package, a person under 18 years of age will need to submit one of the following additional documents:

  • Written consent of the parents / guardians of the citizen to conduct entrepreneurial activities.
  • Judicial decision recognizing a citizen as emancipated (copy and original required).
  • If the emancipation was made due to marriage, a document on the relevant marital status is required (certificate from the registry office).
  • If the legal capacity is confirmed by the guardianship authorities, it is required to submit the original and a copy of the decision.

But there is also a "regional" nuance. In some regions of Russia, there are laws that allow marriage at the age of 14 years. Legally, in such a region, upon marriage, you can apply for emancipation and become an entrepreneur at the age of 14. Today, this legislation is in force in 18 regions of the country: among them are Tatarstan, Moscow, Tyumen, Chelyabinsk, Samara and other regions.

Registration of IP before the age of majority

Legislative acts divide minor citizens into 3 groups, depending on age:

  • Reached 14 years.
  • Persons from 14 to 16 years old.
  • Citizens from 16 to 18 years old.

Young people included in the above groups initially have more rights than younger ones. Namely, all of them can:

  • Manage your own funds at your own discretion.
  • To be the copyright holders of inventions and works of art.
  • Carry out transactions that do not carry a benefit (otherwise, parental / guardian permission is required).
  • With the onset of 16 years of age, a citizen has the right to become a member of the cooperative.
  • Conclude agreements and open deposit accounts in banks.

However, it is worth mentioning here the dubiousness of the aforementioned rights. The fact is that parents or legal representatives of a minor can, through the guardianship authorities or the court, restrict the rights of a minor citizen to dispose of financial resources.

Parents or legal representatives of a minor may, through the guardianship authorities or the court, restrict the rights of a minor citizen to dispose of financial resources.

If parents / guardians have nothing against it, a person can start his own business even at the age of 14. But it will be difficult to register individual entrepreneurship in your own name. In any case, it is not worth arranging a fictitious marriage for the sake of this. Therefore, the age at which you can officially register an individual entrepreneur in 2018 is 16 years.

IP registration restrictions

Both citizens of the Russian Federation and foreigners, as well as stateless persons (stateless persons) can register individual entrepreneurship in Russia. But there are some restrictions under which registration is not possible:

  • Being in military service.
  • The status of a state or municipal employee.
  • Availability of data on incapacity (for example, being registered in a narcological dispensary).
  • Stateless persons and foreign citizens who do not have registration in the Russian Federation.

Time to take stock

If a citizen has reached the age of 16 and his parents / guardians have no objections to his own business, you can obtain official permission from the guardianship / court authorities and register an individual entrepreneur.

In theory, everything sounds very simple, but in practice it is quite difficult for a minor to acquire the appropriate status and open a business. The reason is that guardianship authorities and courts are reluctant to issue relevant decisions even at the request of parents.

Therefore, young entrepreneurs usually have to settle for small business lines that do not require registration (for example, the provision of services on the Internet or street trading). However, in some cases, restrictions do not interfere with earning decent money.

The question of how old you can open an individual entrepreneur is of concern to many young people today. It is not easy to find an answer to it on your own: the legislation contains conflicting information on this matter. On the one hand, an individual entrepreneur has the right to become a person who has reached the age of majority. Meanwhile, from the age of 16 Russian citizens can be recognized as fully capable. What are the cases, as well as the circumstances, when you can start your business activity even before reaching the age of majority?

By law, only a citizen who is considered capable can start his own business. In addition, it is important that there are no injunctions or other restrictions on IP registration.

The Civil Code establishes that full responsibility begins from the moment of coming of age - from the age of eighteen. But for creating a business, there are exceptions that allow you to register an individual entrepreneur from an earlier age.

The Civil Code of the Russian Federation explains how old you can become an entrepreneur.

There are cases in which it is allowed to open an IP for a sixteen-year-old citizen:

  • in the event that a minor citizen begins to work;
  • if there is consent of legal representatives - guardians or parents.

In order to be able to open a business before the age of majority, you will have to go through the emancipation procedure. This concept means the recognition of a minor citizen as fully capable.

Emancipation can be carried out by guardianship authorities, as well as by the court. A minor can be recognized as capable through the guardianship authorities only if all legal representatives agree to recognize the child as capable. If at least the permission of the parents or at least one of them is not received, you will have to apply to the judicial authorities.

Another case of emancipation is marriage. Today, in 18 Russian regions, this can be done from the age of 14. It turns out that you can register an IP there from this age.

The court does not always make a positive decision on emancipation. However, in case of refusal, a citizen can apply to the court again.

It is important to remember that any capable person is responsible for his actions. It turns out that after the emancipation procedure, the teenager will be independently responsible for his business. You can't hide behind your parents anymore.

How to register an individual entrepreneur before the age of majority

So, in order to open an IP, it is not necessary to wait until the age of majority. However, the procedure for registration up to eighteen years of age differs from the standard.

The main difference lies in the composition of the package of documents. If the registering IP has not reached the age of majority, in addition to the traditional ones, you will have to submit the following papers:

  • written consent of parents and other legal representatives, allowing the child to register an individual entrepreneur;
  • if the emancipation was carried out with the participation of the guardianship and guarantee authority, an appropriate decision will be required;
  • a court order to recognize a citizen as capable;
  • in case of emancipation as a result of marriage - the relevant certificate.

To open an IP under the age of 18, you will have to submit documents confirming this right. Only if they are available, the tax service can make an appropriate entry in the EGRIP.


In addition to the above, standard documents will also be required: a passport and a TIN certificate. You will also need to apply for registration. When filling it out, it is important to be as careful as possible. The presence of errors and inaccuracies will lead to a refusal to open an IP.

Documents can be submitted in person, through mail and a representative. The last two cases require a mandatory statement by a notary of the copies made. After five working days, the IP registration must be completed. After that, you can get a certificate from the tax office. If this is not done, the document will be sent to the address of residence.

Business Restrictions

Teenagers, subject to certain conditions, can become individual entrepreneurs.

However, it is important to know that there are restrictions on registering an individual entrepreneur, in the presence of which it is impossible to start your own business, regardless of age:



Citizens with mental disorders, persons under 18 years of age, whose emancipation is opposed by legal representatives, can be recognized as incompetent. Also, the status under consideration can be assigned in case of abuse of alcohol and drugs.

It is important to strictly observe the restrictions when registering an IP. Any attempt to circumvent them is a violation of the law and leads to serious consequences.

At what age can a foreigner open a sole proprietorship

The question of how old you can start your own business is considered in sufficient detail. However, it is still worth clarifying at what age it is possible to open an IP for a foreign citizen, as well as for stateless persons.

On the territory of Russia, these citizens often begin to run their own business. By law, they have the same business rights as Russians. Accordingly, the age limits are the same.

To organize a business, you will need to contact the nearest tax office to the place of residence. In this case, you will have to provide a complete package required documents. You will also need to meet several conditions:

  • registration on the territory of the Russian Federation, documented;
  • availability of a package of necessary documents;
  • full legal capacity of a citizen.

Naturally, until a foreign citizen reaches the age of majority, he will have to act in accordance with the laws of our country. In other words, in this case, you will have to submit a decision on the emancipation procedure.

Any Russian, as well as a citizen of a country outside the Russian Federation, has the right to go through the business registration procedure before reaching the age of majority. Theoretically, everything seems simple. However, in practice the courts are in no hurry to give appropriate permissions. Therefore, young people often have to ask their parents to open an IP or earn money in areas that do not require registration. Just do not try to circumvent the law and act without opening a business, for this comes responsibility. IP is not difficult to open and maintain, especially if you study the conditions of this procedure.

tvoeip.ru

Legal capacity of a citizen

The right to entrepreneurial activity is among the fundamental rights of citizens and is enshrined in Art. 34 of the Constitution.

According to Art. 17 of the Civil Code of the Russian Federation legal capacity - the ability of an individual to have civil rights and perform duties; it exists in all citizens equally, arises from his birth and ceases only with death.

Art. 18 of the Civil Code of the Russian Federation reveals the essence of the legal capacity of citizens. They have the right:

  • own property;
  • inherit it and bequeath it;
  • engage in entrepreneurship and other activities not prohibited by law;
  • create legal entities;
  • conclude transactions, except for those contrary to the law;
  • have copyright, other property and personal non-property rights.

But a citizen can fully realize his legal capacity only with the onset of legal capacity, which is closely related to his coming of age.

This is the ability of individuals to exercise their civil rights by their own actions, create civil obligations for themselves, and also fulfill them.

In full, it arises with the age of majority, and in the case of marriage before him or emancipation - from the time of this event in accordance with Art. 21 and 27 of the Civil Code of the Russian Federation.

The Family Code of the Russian Federation sets the age for marriage at 18 (Article 13 of the RF IC). But for good reasons, it may be allowed to marry from the age of 16. That is, a 16-year-old teenager who has entered into marriage acquires full legal capacity from that moment.

From the age of 14 to 18, the legal capacity of a teenager is limited by law (they can independently make only some transactions listed in paragraph 2 of article 26 of the Civil Code of the Russian Federation, and all others - only with the written consent of their legal representatives).


Juvenile citizens (under 14 years old) are considered incompetent, and the law gives them the right from the age of 6 to independently make only some transactions (usually minor ones) listed in paragraph 2 of Art. 28 of the Civil Code of the Russian Federation.

Emancipation (Article 27 of the Civil Code of the Russian Federation): a minor (over 16 years of age) may be declared fully capable (emancipated) by a guardianship and guardianship authority or a court if:

  • he is working on employment contract;
  • or carries out entrepreneurial activities (with the consent of their legal representatives).

That is, the law provides for the opportunity to carry out entrepreneurial activities for a minor even before he acquires full legal capacity through emancipation.

glavkniga.ru

Legal capacity of a citizen

The main condition that must be met so that you are not denied registration of an individual entrepreneur is that the future entrepreneur must be capable. The law determines that legal capacity comes with reaching the age of majority, that is, from the moment a citizen turns 18 years old. At this age, he is considered fully capable.

However, along with this there is the concept of incomplete capacity. It begins at the age of 14, when a citizen already has a small range of rights that he can use on his own. Until this age, any transactions and important decisions for the child are made by parents, guardians, adoptive parents and other persons who, by law, represent his interests. They bear full responsibility for these actions.

Exceptions to the rules

Accordingly, it is possible to open an IP to a citizen only after he turns 18, that is, when he becomes fully capable. But there are exceptions to this rule as well. For example, the family code also provides that you can get married after a citizen turns 18 years old. But in some cases, when he provides good and convincing reasons, he can marry from the age of 16. Moreover, after registration of marriage, such a citizen is recognized as fully capable. And this, as we already know, means that now he can open an IP on his own.

And that's not all the concessions for minors. So, from the age of 16, every teenager can work under a contract, an employment contract, and even register an individual entrepreneur with the consent of their parents. Naturally, such consent must be fixed on paper and certified by a notary. However, we must remember that the law has established some restrictions for minors. There is a whole list of activities that are contraindicated for this category of citizens. As a rule, these are those that can adversely affect their health and development.

Activities of a minor

It should be noted that despite the fact that IP can be issued from the age of 14, there will be no concessions for a minor in doing business.

However, it is worth remembering that a citizen of 14-18 years of age can:

  • make and manage deposits in credit institutions;
  • enjoy the rights of the author of an invention, work of literature, science, etc.;
  • independently manage their earnings and income;
  • carry out small transactions that do not require state registration, notarization.

This is the list of activities that a minor can engage in, in principle, without registering an individual entrepreneur. But to carry out other activities, including registering his entrepreneurial activities, as already mentioned, he can only with the consent of his parents, which is in writing. At the same time, already from the age of 14, in this case, he bears full financial responsibility for all transactions that he makes.

Consequences of registering an individual entrepreneur as a minor

So, the law clearly defines at what age an individual entrepreneur can be issued - from the age of eighteen, when full legal capacity occurs. But at the same time, Art. 27 of the Civil Code of the Russian Federation allows a minor to officially register his entrepreneurial activity from the age of 16, if there is the consent of his parents or persons who replace them.

The same article indicates that in such a case, a minor citizen is recognized as fully capable. In legal language, the so-called emancipation is coming. However, it is necessary to obtain permission from the guardianship and guardianship authority or the court. Without this permission, legal capacity is recognized as limited and all contracts, transactions related to commercial activities, such a citizen can only be made with the consent of the parents. They bear full responsibility for him until he becomes fully capable.

Briefly about the main

So, summing up the above, I would like to break down the main points of the question, from how many years a citizen can officially formalize his entrepreneurial activity.

  1. A citizen is allowed to conduct entrepreneurial activities when he is recognized as fully capable.
  2. A citizen becomes capable at the age of eighteen, and also at sixteen after he formalizes the marriage, or by decision of the court, the body of guardianship and guardianship (emancipation).
  3. In other cases, a minor is allowed to engage in entrepreneurial activities only with the consent of the parents, in writing and notarized. At the same time, parents are fully responsible for his contracts and transactions, so they retain a certain power over him.
  4. A non-emancipated entrepreneur must seek permission (preferably in writing) from his parents whenever he makes a business transaction.
  5. The exception is when he manages his own income, the results of his intellectual activity.

newbusiness.su

Civil capacity

In accordance with the Civil Code of the Russian Federation, a citizen of the country is capable after reaching the age of majority. After the age of 18, any citizen has the right to conduct entrepreneurial activities, including jointly with other adult citizens of the country.

To obtain an IP at the age of majority, it is necessary to personally submit certain documentation to the tax authorities. Here is a list of documents required to open a sole proprietorship:

  1. Photocopies of all pages of the passport and its original.
  2. Application form P21001.
  3. Copy and original TIN.
  4. Receipt of payment of state duty.
  5. Application for inclusion in the simplified taxation system.

To obtain an IP, you must be registered and live at the address where the individual enterprise will be registered.

Features of registration for foreigners and stateless persons

A citizen of any state, according to the Civil Code of the Russian Federation, who has reached the age of 18, has the right to open an individual enterprise in our country. To do this, he must have full capacity And provide all required documents to the nearest tax authority to your place of residence.

Foreigners can engage in entrepreneurial activities without restrictions, with the same rights as citizens of our country.

In some cases, it is necessary to confirm one's legal capacity or provide a court decision on emancipation. At the same time, it is very important to be registered on the territory of the Russian Federation and live at the specified address. Otherwise, a foreign citizen will be denied in obtaining documentation for an individual enterprise.

Emancipation and entrepreneurship

A minor citizen who has reached the age of 14 has partial legal capacity, due to which, in accordance with the Civil Code of the Russian Federation, he has the right to commit the next kind of deal:

  1. The use of personal money and scholarships is at your discretion.
  2. Registration of copyrights for all types of works of art, various inventions and discoveries.
  3. Making various kinds of household transactions, without personal gain, with the written permission of the guardians or parents.
  4. After reaching the age of 16, the right to join the cooperative.
  5. Ownership of own deposit in any bank.

The emancipation of a 16-year-old teenager can occur not only after the consent of the parents, but also if he signs a contract or agreement with the company arranging him a job, as well as marriage.

If a teenager gets a job at an enterprise at the age of 16 under a contract, then from the date of signing the contract, he becomes fully capable and can open his own individual entrepreneur. If the teenager needed parental consent to open an individual enterprise, then he will also need to confirm all types of transactions with the permission of his parents or guardians.

Conducting business until adulthood

In order to obtain an individual entrepreneur under the age of 18, in addition to the above-mentioned documents, it is necessary to submit to the tax authorities the following documentation:

  • an official decision of the judicial authority on the legal capacity of a minor citizen of the Russian Federation;
  • in case of emancipation after marriage, a marriage registration certificate and its photocopy will be required;
  • written permission for the emancipation of parents or guardians.

If parents do not want to give permission to open their own IP, this issue can be resolved in court. It should be understood that after opening an individual enterprise, you will be liable in accordance with the Civil and Tax Codes of the Russian Federation.

Restrictions

Almost everyone over the age of 18 can open their own individual enterprise in Russia: citizens of our country, foreign citizens, stateless people. But the Civil Code of the Russian Federation mentions certain restrictions:

  1. Employees of state and municipal institutions do not have the right to open their own IP.
  2. Military personnel of all categories, ranks, ranks do not have the opportunity to open IP.
  3. Individuals with limited legal capacity also cannot apply.
  4. Citizens of the country who are registered in narcological dispensaries do not have the right to open their own IP.
  5. Foreigners without registration on the territory of the Russian Federation will not be able to issue an IP.

Age value

The minimum age at which you can get the opportunity to open an IP is 14 years. In this case, it is necessary to issue a notary certification of the written consent of the parents, as well as, together with the permission, submit all necessary documentation to the tax authorities.

In this case, after 5 working days, you must again visit the tax office and receive the finished individual entrepreneur in your hands, or wait until the documents arrive at the mailbox at the registration address.

Upon reaching the age of 16, to open your own individual entrepreneur, instead of the permission of guardians or parents, you can use in the form of confirmation of the emancipation of a citizen of the Russian Federation marriage certificate or agreement on the beginning of official work in the company. May also be suitable for recognition of legal capacity judicial opinion.

What to open - LLC or IP

In order to decide what to open - LLC or IP - you need to study all nuances, disadvantages and advantages these forms of doing business. It should be understood that when you open an LLC, you risk more, tax fees also increase. But you will have a higher status in the economic environment, which will open up a number of opportunities.

The advantage of an individual enterprise is the possibility of opening it even in the presence of official work. In the case of an LLC, this is not possible. It is very important for a novice businessman to have a financial cushion with which to realize his ideas.

How old can you open an individual entrepreneur or LLC - in this video.

znaybiz.ru

How old should a future entrepreneur be?

The current legislation of the Russian Federation does not contain direct age restrictions for starting a business. But there is a key condition - a potential individual entrepreneur must be fully capable, and this is directly related to age. Full legal capacity, according to the Constitution of the Russian Federation, occurs when a citizen reaches 18 years of age, that is, the age of majority.

It would seem that the question has been settled.

But, fortunately for future young entrepreneurs, regarding own business The law provides for some exceptions. It is possible to open an individual entrepreneur without waiting for the age of majority if the teenager has a passport, and his parents or guardians do not object to his entrepreneurial activities. There are also options when he confirms the existence of legal grounds under which this consent is not needed.

A copy of the Russian internal passport is included in the set of required documents for submission to the inspectorate of the Federal Tax Service of the Russian Federation (IFTS) for registration of an individual entrepreneur.

A notarized translation of a passport document or a certificate of a stateless person will also be required from a foreigner or stateless person who has a temporary residence permit or a residence permit in Russia.

Other documents, in particular, a birth certificate, are not suitable, and a passport, which can be obtained even immediately after birth, will not work either.

And internal passports in Russia and many other countries are issued from the age of 14.

This age for a young Russian is also marked by the onset of limited legal capacity. And, in particular, it means:

  1. Bearing full responsibility (up to criminal) for all their actions.
  2. The right to independently dispose of earned money.
  3. The ability to open bank accounts and debit cards in your name and use them.
  4. Invest the money at your disposal at your own discretion.

From all this it follows that, upon reaching the age of 14, adolescents have the full responsibility and authority necessary for conducting entrepreneurial activities.

Registration of IP before the age of majority

Upon reaching the age of 14 and receiving an internal passport, a teenager can become an individual entrepreneur. But there is one limitation - for this he must have the consent of his parents or other persons who replace them, drawn up in the form of a document.

This means that when applying for registration of an individual entrepreneur to the tax office, he must attach additional papers to it, which are not required from an adult applicant.

How to open a sole proprietorship at the age of 14

From adults who want to become entrepreneurs, the tax office will need the following set of documents:

  1. A completed application for state registration of an individual entrepreneur on a standard form.
  2. A copy of the internal passport (pages with personal data and registration of residence).
  3. Receipt of payment of the state duty for registering an individual entrepreneur (in 2018 it is 800 rubles).

The teenager, in addition to all this, must provide one of the following papers:

  • notarial consent to conduct business activities from his mother and father, guardians or guardianship and guardianship authority;
  • a document that confirms that the consent of one of the parents is not required (death certificate, court decision on recognition as missing, incompetent or deprivation of parental rights);
  • a marriage certificate if the teenager has already started a family (in some regions where early marriages are approved by local traditions, this is allowed from the age of 14, but in most - only from 16);
  • a court decision on the acquisition by a minor of full legal capacity as a result of emancipation.

Of particular difficulty is the case when the parents live separately and one of them is alive and well, capable, not deprived of parental rights, but there is no connection with him and it is not known where to look for him. Alternatively, you can contact the police with a statement about the establishment of his whereabouts. If the search does not yield any results, the police will provide a report within the time limits prescribed by law, which can be used as a document in the tax office.

On a par with adult future businessmen, teenagers, having collected the whole set necessary documents, can send them to the tax office in three ways:

  1. Take it personally. You will need to first make copies of all papers, except for the application, and have the originals with you and present for verification.
  2. Send by registered mail with acknowledgment of receipt and description of attachments. All documents and the signature under the application must be certified by a notary.
  3. Transfer via the Internet using the service on the website of the Federal Tax Service (FTS) of Russia. The application is filled out online, copies of documents are uploaded in the form of digital photographs or scans.

The finished EGRIP record sheet, confirming the state registration of an individual entrepreneur, is issued on the third business day. If desired, you can choose to send them to the address of the applicant by mail. In this case, you will not have to go to the IFTS, but delivery will take some time - usually from several days to two weeks.

In addition, from April 29, 2018, when directly contacting the tax authority, the answer on state registration can be received by e-mail, and not on paper.

Is it possible to open a sole proprietorship at the age of 16

The age of sixteen no longer has such a fateful meaning for a teenager as it was in former times. In the Soviet Union, this age was considered a significant milestone for a number of reasons, in particular:

  1. At this age, citizens of the USSR were issued passports (now at the age of 14).
  2. Allowed to work on a shortened working day.
  3. In exceptional cases marriage was allowed.
  4. There was a right to buy tobacco products in stores (now from the age of 18).

Now all this, except for the opportunity to start a family (and in some regions, marriage, as already noted, is allowed from the age of 14), which allows you to register an individual entrepreneur without the consent of parents or guardians, has lost its relevance.

If the current legislation of the Russian Federation allows you to become an entrepreneur from the age of 14, then at 16 it is possible and even more so.

Restriction of the rights of a minor citizen to dispose of financial resources

When a teenager reaches the age of 14, as already noted, he automatically receives the right to dispose of his income, whether it be a salary, scholarship, pension or other social payments, etc. And the profit from his entrepreneurial activity is no exception.

It is permissible to limit this opportunity for him, as in relation to adults, only by a court decision. And he, in turn, is entitled to take it out only when there are grounds provided for by law.

Courts make such decisions if evidence is presented that a teenager from 14 to 18 years old is abusing alcohol and / or drugs. This may be the testimony of witnesses, certificates from a sobering-up station, a narcological dispensary or other medical institutions, acts drawn up by police officers or representatives public organizations, acts of suspension from work due to intoxication, etc.

The procedure for the consideration of such cases by the courts is prescribed in Art. 284 of the Civil Procedure Code of the Russian Federation.

It stipulates that the following must be present at the hearing:

  • the minor himself, in respect of whom an application has been submitted to restrict the right to dispose of money;
  • prosecutor;
  • the applicant (these can be both the parents or guardians of the teenager, and third parties);
  • representatives of guardianship and guardianship authorities.

And if the law allows holding a court session without a prosecutor, then one cannot do without a minor whose application is being considered by the court.

In case the presence in the courtroom may be dangerous for the teenager himself or other participants in the process, the option of an offsite meeting is provided in the place where he is being held, for example, a psychiatric hospital, a social service institution or a rehabilitation center.

Parents' fears that a teenager, having gone into business and started making a profit, will not be able to rationally manage the money that has fallen on him is quite understandable. But the best way insuring yourself on this subject will take care of the financial literacy of your own child in advance.

Financial literacy is useful in life, regardless of the presence of entrepreneurial abilities.

Here it is appropriate to recall the books of Robert Kiyosaki, in one of which he quotes his “rich dad” just on this topic. For reference to those who are unfamiliar with the works of Kiyosaki: this is how he calls his classmate's father, who became his financial guru.

In one of his conversations with young Robert, “rich dad” said that he didn’t care what path his own son chose in life. And if he does not want to continue his father's work in business, the tragedy will not happen. But the ability to handle money, which he instilled in his own child and Robert from an early age, should have come in handy, no matter who the son eventually decided to become - a janitor, a fireman, a salesman, a teacher, etc.

So, starting from the age of 14, a teenager has the right, subject to a number of conditions, to engage in entrepreneurial activities. However, the status of an individual entrepreneur implies not only rights, but also obligations. For example, pay taxes, submit reports on time, make contributions to extra-budgetary funds, regardless of their financial results, comply with laws and rules governing a particular field of activity. And for all this, the young businessman is responsible on a par with adult colleagues.

ipboss.guru

At what age can you open a sole proprietorship by law

In Russia, the opportunity to obtain the status of an individual entrepreneur is determined not by age, but by the rights and legal capacity of a citizen. Legal capacity - the ability of a person to exercise his rights himself, to take on civil obligations and fulfill them. The legislation recognizes a citizen as fully capable at the age of 18 years and older (Article 21 of the Civil Code of the Russian Federation). From that time on, a person can independently draw up an IP at the tax office.


The concept of legal capacity and related definitions are regulated by the Civil Code of the Russian Federation

For non-residents of the Russian Federation, the same rule applies - an individual entrepreneur can be registered upon reaching the age of 18 with a residence permit or temporary residence permit in the country.

Even an adult entrepreneur cannot issue an IP if he is recognized as having limited capacity or incapacity, or in the event of a court ban on the selected type of activity.

How to open an IP before adulthood

Until the age of 14, a child cannot register an individual entrepreneur, because he does not have a full set of civil rights. Parental consent does not change the situation. Transactions on behalf of a minor are made by parents or trustees, they are also liable for financial transactions. If a teenager wants to officially engage in entrepreneurship, the business should be registered with one of the parents, relatives or adoptive parents.

Without registering an individual entrepreneur, a child can independently:

  • make transactions of a domestic nature;
  • to manage the received income;
  • make financial deposits in banks;
  • receive revenue from copyright.

Emancipation and its types

From the age of 16 until the age of majority, by law, a teenager can open an individual entrepreneur, having previously undergone emancipation. Emancipation is the recognition of a person aged 16 to 18 as absolutely capable (Article 27 of the Civil Code of the Russian Federation). Literally, the term is translated as "deliverance, liberation."


If parents encourage the child's desire to do business, they can help him go through emancipation and register an individual entrepreneur

A teenager can become independent of the will of his parents by decision of the guardianship authorities. This requires the written consent of the mother and father or guardians. Emancipation occurs if the child:

  • gets a job under an employment contract;
  • formalizes marriage and creates a family;
  • decides to go into business.

When parents or adoptive parents are against emancipation, the child may be recognized as legally capable by a court decision.

Marrying at the age of 16 for a good reason (Article 13 of the Family Code), the child automatically acquires legal capacity, even without the consent of relatives. From the moment the family is created, he receives all the rights and obligations of an adult citizen.

Emancipation procedure and required documents

In order for a minor to be recognized as capable, he must submit an application to the guardianship authorities and attach a set of documents to it.

Documents that may be needed for emancipation:

  • an agreement with the employer (if the child is employed);
  • written consent of the parents for the creation of an individual entrepreneur by a teenager;
  • marriage certificate.

The application is considered for 1 month (FZ No. 59), and in Moscow - 2 weeks. The authorities of regional subjects can set their own deadlines for the procedure.

Having passed emancipation at the age of 16-17, the child receives a document confirming full legal capacity - a decision of the court or guardianship authority. With it, he can apply to the tax office and register an individual entrepreneur. After being recognized as capable, the child not only receives a full set of rights, but also assumes responsibility to partners, creditors, suppliers and everyone with whom he plans to cooperate in the business.

Entrepreneurship is a new area of ​​responsibility for a child, a step towards an independent life. If parents trust the teenager and support his undertakings, they may agree to emancipation. The second option is to take over the company and control the actions of the child at the first stages, giving him the opportunity to start a business without risk.

Progressive teenagers realize early on that it is more profitable to open a business and do what you love than to get a job and work daily for a salary. Young people strive to open and legalize their business as soon as possible, to obtain the status of an entrepreneur in order to conduct activities officially and compare favorably with their peers.

At what age can you open a sole proprietorship by law

In Russia, the opportunity to obtain the status of an individual entrepreneur is determined not by age, but by the rights and legal capacity of a citizen. Legal capacity - the ability of a person to exercise his rights, take on civil obligations and fulfill them. The legislation recognizes a citizen as fully capable at the age of 18 years and older (Article 21 of the Civil Code of the Russian Federation). From that time on, a person can independently draw up an IP at the tax office.
The concept of legal capacity and related definitions are regulated by the Civil Code of the Russian Federation

For non-residents of the Russian Federation, the same rule applies - an individual entrepreneur can be registered upon reaching the age of 18 with a residence permit or temporary residence permit in the country.

Even an adult entrepreneur cannot issue an IP if he is recognized as having limited capacity or incapacity, or in the event of a court ban on the selected type of activity.

How to open an IP before adulthood

Until the age of 14, a child cannot register an individual entrepreneur, because he does not have a full set of civil rights. Parental consent does not change the situation. Transactions on behalf of a minor are made by parents or trustees, they are also liable for financial transactions. If a teenager wants to officially engage in entrepreneurship, the business should be registered with one of the parents, relatives or adoptive parents.

Without registering an individual entrepreneur, a child can independently:

  • make transactions of a domestic nature;
  • to manage the received income;
  • make financial deposits in banks;
  • receive revenue from copyright.

Emancipation and its types

From the age of 16 until the age of majority, by law, a teenager can open an individual entrepreneur, having previously undergone emancipation. Emancipation is the recognition of a person aged 16 to 18 as absolutely capable (Article 27 of the Civil Code of the Russian Federation). Literally, the term is translated as "deliverance, liberation."
If parents encourage the child's desire to do business, they can help him go through emancipation and register an individual entrepreneur

A teenager can become independent of the will of his parents by decision of the guardianship authorities. This requires the written consent of the mother and father or guardians. Emancipation occurs if the child:

  • gets a job under an employment contract;
  • formalizes marriage and creates a family;
  • decides to go into business.

When parents or adoptive parents are against emancipation, the child may be recognized as legally capable by a court decision.

Marrying at the age of 16 for a good reason (Article 13 of the Family Code), the child automatically acquires legal capacity, even without the consent of relatives. From the moment the family is created, he receives all the rights and obligations of an adult citizen.

Emancipation procedure and required documents

In order for a minor to be recognized as capable, he must submit an application to the guardianship authorities and attach a set of documents to it.

Documents that may be needed for emancipation:

  • an agreement with the employer (if the child is employed);
  • written consent of the parents for the creation of an individual entrepreneur by a teenager;
  • marriage certificate.

The application is considered for 1 month (FZ No. 59), and in Moscow - 2 weeks. The authorities of regional subjects can set their own deadlines for the procedure.

Having passed emancipation at the age of 16-17, the child receives a document confirming full legal capacity - a decision of the court or guardianship authority. With it, he can apply to the tax office and register an individual entrepreneur. After being recognized as capable, the child not only receives a full set of rights, but also assumes responsibility to partners, creditors, suppliers and everyone with whom he plans to cooperate in the business.

Entrepreneurship is a new area of ​​responsibility for a child, a step towards an independent life. If parents trust the teenager and support his undertakings, they may agree to emancipation. The second option is to take over the company and control the actions of the child at the first stages, giving him the opportunity to start a business without risk.

I run my own business and I understand how difficult it is to decide to open a company. Therefore, I create informative articles about business that help to understand the essence of the organization of the process. And as a hobby, I write about travel, animals, as well as about the work of various gadgets and computer programs.

Wanting to do business, some people have a question, from what age does the law allow you to open an individual entrepreneur? Indeed, situations often occur when even a minor finds his sphere in entrepreneurial activity and develops his business well. Below we will try to give an exhaustive answer to the question of how old an entrepreneur should be at least.

Legal capacity of a citizen

The main condition that must be met so that you are not denied registration of an individual entrepreneur is that the future entrepreneur must be capable. The law determines that legal capacity comes with reaching the age of majority, that is, from the moment a citizen turns 18 years old. At this age, he is considered fully capable.

However, along with this there is the concept of incomplete capacity. It begins at the age of 14, when a citizen already has a small range of rights that he can use on his own. Until this age, any transactions and important decisions for the child are made by parents, guardians, adoptive parents and other persons who, by law, represent his interests. They bear full responsibility for these actions.

Exceptions to the rules

Accordingly, it is possible to open an IP to a citizen only after he turns 18, that is, when he becomes fully capable. But there are exceptions to this rule as well. For example, the family code also provides that you can get married after a citizen turns 18 years old. But in some cases, when he provides good and convincing reasons, he can marry from the age of 16. Moreover, after registration of marriage, such a citizen is recognized as fully capable. And this, as we already know, means that now he can open an IP on his own.

And that's not all the concessions for minors. So, from the age of 16, every teenager can work under a contract, an employment contract, and even register an individual entrepreneur with the consent of their parents. Naturally, such consent must be fixed on paper and certified by a notary. However, we must remember that the law has established some restrictions for minors. There is a whole list of activities that are contraindicated for this category of citizens. As a rule, these are those that can adversely affect their health and development.

Activities of a minor

It should be noted that despite the fact that IP can be issued from the age of 14, there will be no concessions for a minor in doing business.

However, it is worth remembering that a citizen of 14-18 years of age can:

  • make and manage deposits in credit institutions;
  • enjoy the rights of the author of an invention, work of literature, science, etc.;
  • independently manage their earnings and income;
  • carry out small transactions that do not require state registration, notarization.

This is the list of activities that a minor can engage in, in principle, without registering an individual entrepreneur. But to carry out other activities, including registering his entrepreneurial activities, as already mentioned, he can only with the consent of his parents, which is in writing. At the same time, already from the age of 14, in this case, he bears full financial responsibility for all transactions that he makes.

Consequences of registering an individual entrepreneur as a minor

So, the law clearly defines at what age an individual entrepreneur can be issued - from the age of eighteen, when full legal capacity occurs. But at the same time, Art. 27 of the Civil Code of the Russian Federation allows a minor to officially register his entrepreneurial activity from the age of 16, if there is the consent of his parents or persons who replace them.

The same article indicates that in such a case, a minor citizen is recognized as fully capable. In legal language, the so-called emancipation is coming. However, it is necessary to obtain permission from the guardianship and guardianship authority or the court. Without this permission, legal capacity is recognized as limited and all contracts, transactions related to commercial activities, such a citizen can only be made with the consent of the parents. They bear full responsibility for him until he becomes fully capable.

Briefly about the main

So, summing up the above, I would like to break down the main points of the question, from how many years a citizen can officially formalize his entrepreneurial activity.

  1. A citizen is allowed to conduct entrepreneurial activities when he is recognized as fully capable.
  2. A citizen becomes capable at the age of eighteen, and also at sixteen after he formalizes the marriage, or by decision of the court, the body of guardianship and guardianship (emancipation).
  3. In other cases, a minor is allowed to engage in entrepreneurial activities only with the consent of the parents, in writing and notarized. At the same time, parents are fully responsible for his contracts and transactions, so they retain a certain power over him.
  4. A non-emancipated entrepreneur must seek permission (preferably in writing) from his parents whenever he makes a business transaction.
  5. The exception is when he manages his own income, the results of his intellectual activity.

The desire to start a business can arise at any age, be it childhood or adolescence. Many people are interested in how old you can open an IP in Russia. Often, young people find their niche in the market, and they manage to do business no worse than experienced entrepreneurs. What can be the age of a young businessman?

How old can you open an IP in the Russian Federation?

First of all, a novice businessman must be capable. Incapacitated persons are denied registration of individual entrepreneurs. By law, a person becomes legally capable from the age of 18. Only an adult person is considered to be fully capable. In legal practice, the term "incomplete legal capacity" has been introduced. It applies to persons 14-17 years old. Incompetent persons have a small amount of rights. If a citizen has not reached the age of 14, then his parents, adoptive parents, adoptive parents, guardians or other adults who are responsible for him are fully responsible.

Are there exceptions

So, we discussed above how old you can open an IP in Russia. However, almost all rules have exceptions. For example, let's take the Russian Family Code. Citizens over the age of 18 can marry. In certain situations, the registry office allows marriage from the age of 16. And after registering such a marriage, the person becomes fully capable and can open an individual entrepreneur. And on the same grounds as an adult citizen. IN Labor Code he has other privileges. For example, he may work under a contract or on a contract basis in an organization. The only thing that is required from a 16-year-old person is the written consent of the parents or guardians, certified by a notary. Of course, there are types of labor activity that are prohibited to them. This is due to the fact that certain working conditions can adversely affect health.

How old can you open an individual entrepreneur during emancipation

Article 27 of Russian civil law states about emancipation. According to it, a citizen whose age is 16-17 years old is not a minor. However, a citizen may be recognized as capable if he works officially under an employment contract or contract in an organization. A person becomes fully capable on the basis of a decision of the guardianship authority. If there is no written consent of the parents or guardians, then the decision on the emancipation of the teenager is made in court. There are two types of emancipation:

  • The official work of a person who has not reached the age of majority under an employment contract.
  • Entrepreneurial activity of a minor.

Does the government provide benefits?

So, we figured out how old you can open an IP. Can an entrepreneur count on benefits and subsidies? There are no tax benefits. But people with disabilities from childhood or the last group do not pay the state fee when they register their business. All other citizens, when registering their business, pay it. In turn, future entrepreneurs can count on subsidies. They are provided for all businessmen, regardless of their age, so the state can exempt them from paying the fee. This will significantly reduce the tax burden on a person who decides to open a business. To receive a subsidy, you must contact the employment service. It will explain the conditions for subsidizing start-up entrepreneurs.

How old do you have to be to open a sole proprietorship? There are no age limits for starting a business. It happens that pensioners become individual entrepreneurs. Good prospects are also opening up for young people.


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