At what age can you open an individual entrepreneur? This is the main question that we will cover in our article. Legislation Russian Federation gives ambiguous answers, which causes confusion among novice entrepreneurs. For example, controversial situations occur when teenagers assume that it is possible to register an individual entrepreneur at the age of 14. Moreover, some lawyers share the same opinion. Is this really so? Let’s find out.
The current law states that a citizen recognized as fully capable, an adult, can engage in entrepreneurial activity, even if no court injunctions are imposed on his activities.
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 running a business that allow you to become an individual entrepreneur at a younger age. This is evidenced by Art. 27 of the Civil Code of the Russian Federation: a minor whose age has reached 16 years can be recognized as absolutely capable if he conducts labor activity, or if parents/guardians agree to open an individual entrepreneur for them. 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 they 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 demands.
To register an individual entrepreneur with the Federal Tax Service of the Russian Federation, a person under 18 years of age, in addition to the standard package, will need to submit one of the following additional documents:
But there is also a “regional” nuance. In some regions of Russia there are laws allowing marriage at the age of 14. Legally, in such a region, upon marriage, you can obtain emancipation and become an entrepreneur at the age of 14. Today, this legislation is in force in 18 regions of the country: among them Tatarstan, Moscow, Tyumen, Chelyabinsk, Samara and other regions.
Legislative acts divide minor citizens into 3 groups, depending on age:
Young people included in the above groups initially have greater rights than younger people. Namely, they can all:
However, it is worth mentioning here the dubiousness of the above-mentioned rights. The fact is that parents or legal representatives of a minor can, through the guardianship authorities or the court, limit the rights of a minor citizen to manage financial resources.
Parents or legal representatives of a minor may, through the guardianship authorities or the court, limit the rights of a minor citizen to manage financial resources.
If parents/guardians have nothing against it, a person can start their own business at the age of 14. But it will be difficult to register an individual entrepreneurship in your own name. In any case, it is not worth registering 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 old.
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:
If a citizen has reached the age of 16 and his parents/guardians have no objections to him engaging in own business, you can obtain official permission from the guardianship authorities/court 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 appropriate orders even at the request of parents.
Therefore, young entrepreneurs usually have to be content with areas of small business that do not require registration (for example, providing services on the Internet or street trading). However, in some cases, restrictions do not prevent you from earning decent money.
To register as an individual entrepreneur, the following conditions must be met:
According to paragraph 1 of Art. 21 of the Civil Code of the Russian Federation, a teenager receives the status of legal capacity from the moment he reaches adulthood, that is, from the age of 18. There may be exceptions. We are talking about emancipation, which we will talk about later.
If you decide to open an individual entrepreneur after reaching your 18th birthday, then you do not need to confirm your legal capacity.
All you need to do is provide the tax service with a package of documents:
If you send documents by mail, then all copies must be certified by a notary. To open an individual entrepreneur, you must have permanent place accommodation. It is at this address that registration will be carried out in accordance with the procedure established by law.
After just 3-5 working days, you can go to the tax service to receive papers for individual entrepreneurs. If for any reason you were unable to receive the documents in person, they will be sent to your permanent address by the postal service.
At what age can a non-resident of the Russian Federation register a business? For citizens of foreign countries, the same age limit for opening an individual entrepreneur applies as for citizens of the Russian Federation. They become legally capable at the age of 18 and can draw up documents.
According to current legislation, a teenager at the age of 14 receives a passport. The term “incomplete legal capacity” is applied specifically to persons from 14 to 17 years of age. They have incomplete rights. And for citizens under 14 years of age, responsibility lies entirely with the persons responsible for them (parents, guardians, adoptive parents).
The issue of emancipation is considered by law in Art. 27 Civil Code. It states that at the age of 16-17 years a citizen is no longer a minor. At this age you may be recognized as legally competent. Let's consider in what cases.
Types of emancipation.
You can receive the status of full legal capacity based on a decision of the guardianship authority. If there is no written consent of parents or guardians, then the issue is resolved in court.
The legislation distinguishes three types of emancipation:
Thus, you can officially register your business in Russia, that is, open an individual entrepreneur, even at the age of 16, provided that, speaking in legal language, emancipation occurs.
However, this simply sounds theoretical. In fact, guardianship authorities are quite reluctant to respond to requests (even at the request of the parents of a future individual entrepreneur) and rarely issue appropriate orders.
As you already understand, it is impossible to open an individual entrepreneur at the age of 14 in our country. But many people want it.
Documents confirming legal capacity.
Thus, in order to register an individual entrepreneur, a 16-17 year old teenager, in addition to the above documents, must provide papers that will confirm his legal capacity:
In addition to the originals, you will need copies of documents.
Full legal capacity, if the parents have not given consent, can be proven by you in court. According to the law, the ability to exercise one’s rights requires full responsibility young businessman both to the state and to creditors. He is responsible to these subjects economic activity their property, which can be recovered in court.
Future entrepreneurs are often concerned about the question: does the state provide any benefits to citizens who open individual entrepreneurs? So, tax benefits in the Russian Federation are not provided in this case.
Only persons of the 1st disability group and children with disabilities do not pay a state fee when registering their business. This benefit does not apply to other citizens.
However, beginning businessmen of all ages can still count on subsidies. You may be able to receive a fee waiver. To exercise this right and find out the terms of the subsidy, contact the employment service.
As mentioned above, its citizens, foreigners and stateless persons can register an individual entrepreneur on the territory of our state.
However, the law identifies cases when opening a business is not possible:
The legislation does not establish an upper age limit for registering an individual entrepreneur. .
Nowadays, determined and ambitious young people do not want to work for someone. They prefer to realize their talents through opening their own business.
However, doing your own business requires additional responsibility, which is why the question of age restrictions arises. As you can see, registration of individual entrepreneurs in Russia does not place individuals under strict age limits, but limits them only to the presence of legal capacity.
In order for a minor to register as individual entrepreneur he will need to provide additional documents in addition to those provided in the usual manner. These documents must confirm the legal capacity of the minor citizen.
How to open an individual entrepreneur for a minor is stated in paragraph 3 of Art. 22.1 Federal Law dated August 8, 2001 N 129-FZ “On state registration legal entities and individual entrepreneurs."
To open an individual entrepreneur for a minor citizen, you need to submit to the tax office at the place of registration or to the multifunctional center the documents required for registration of all citizens:
You must also attach a document confirming the legal capacity of the minor citizen.
Full legal capacity occurs at 18 years of age. In the event of marriage, the minor becomes fully capable. In the event of divorce, full legal capacity is retained. Therefore eIf a minor is in a registered marriage, to register an individual entrepreneur, he needs to additionally attach marriage certificate(copy).
If a minor has not proven his legal capacity by early marriage, then it is necessary consent of both parents, adoptive parents or trustee to carry out entrepreneurial activities. Consent must be notarized.
If there is consent of only one parent, you will need to attach an additional document explaining its absence:
Declaring a minor fully capable (emancipation) is carried out either by decision of the guardianship and trusteeship authority, or by court decision(in the absence of consent of legal representatives).
In the case of a minor working employment contract(contract), or if he is already engaged in entrepreneurial activity, with the consent of his parents, he can be declared fully capable.
Instead of a marriage certificate or the consent of both parents to open an individual entrepreneur, you can submit a copy decisions of the guardianship and trusteeship authority or a copy court decisions about the announcement individual, registered as an individual entrepreneur, fully capable.
You can become an entrepreneur in Russia no earlier than 14 years old. To open an individual entrepreneur you need a passport, and you get one for the first time at 14 years old. In addition, according to Civil Code RF (Article 28), a person under 14 years of age cannot make transactions involved in entrepreneurial activity.
Young people thinking about entrepreneurial activity have a question: “At what age can you open an individual entrepreneur”? The legislation does not contain a direct answer to this. To do this, you first need to understand the concepts of “legal capacity” and “capacity” that exist in civil law.
The right to entrepreneurial activity is among the fundamental rights of citizens and is enshrined in Art. 34 of the Constitution.
The Family Code of the Russian Federation sets the age for marriage at 18 years (Article 13 of the RF IC). But according to good reasons may be allowed to marry from the age of 16. That is, a 16-year-old teenager who gets married acquires full legal capacity from that moment.
From 14 to 18 years of age, a teenager’s legal capacity is limited by law (they can independently carry out 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).
Young citizens (under 14 years of age) are considered incompetent, and the law grants them the right, from the age of 6, to independently carry out only some transactions (usually minor ones) listed in paragraph 2 of Art. 28 Civil Code of the Russian Federation.
Therefore, a minor citizen registered as an individual entrepreneur (until he acquires full legal capacity) will each time have to enter into all transactions related to his entrepreneurial activity only with the written permission of his legal representatives.
The limited legal capacity and capacity of minor citizens establishes certain limits for their implementation individual species activities. The procedure for such persons will be discussed in this article.
Citizens reach the age of majority at the age of 18; before this age, the legal capacity of children is significantly limited. The implementation of legally significant actions by minors aged 14 to 18 requires the consent of legal representatives (parents). This rule also applies to registration of individual entrepreneurs with the tax authorities.
The legislation does not contain restrictions on the participation of such a circle of persons in business activities. Since children under the age of 14 are completely deprived of the opportunity to perform legally significant actions, the right to register an individual entrepreneur will arise only after reaching this age.
The procedure for registering (opening) an individual entrepreneur for a child is discussed below.
Since the decision of a minor to register an individual entrepreneur must be accompanied by the consent of the parents, the registration procedure with the tax authorities will differ from the standard normal process typical for adult citizens. with the participation of such a special subject as a child under the age of 18, consists of the following mandatory stages:
The main feature of this procedure will be the participation of legal representatives, who must record their consent in an official document. In addition, even a child under the age of 18 can be recognized as fully capable, but this requires an appropriate decision from the guardianship and trusteeship authorities or a judicial act.
The necessary documents for registering (opening) an individual entrepreneur for minors are discussed below.
Registration actions are carried out on the basis of the submitted documents. To register an individual entrepreneur for a minor citizen, such documents include:
After submitting these documents, a tax official will issue a receipt indicating the date of issue of the registration result. The legislation does not require the provision of other documents.
The entire registration procedure can be presented in the form of step-by-step instructions:
Step-by-step implementation of all actions allows you to comply with the requirements of the law and obtain the final result in the form of a registered individual entrepreneur in the state register, and not.
Registration as an entrepreneur without
