From what age can you open an IP to a Russian citizen and a foreigner. The best age to start a business in Russia Is it possible to open a private entrepreneur at the age of 16

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 it. To do this, you first need to understand the concepts of "legal capacity" and "legal capacity" that exist in civil law.

Legal capacity of a citizen

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

The Family Code of the Russian Federation establishes the age for marriage - 18 years (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 who has entered into marriage acquires full legal capacity from that moment.

From 14 to 18 years of age, 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).

Minors (up to 14 years old) are considered incapacitated, and the law grants them the right from 6 years old to independently make only some transactions (usually minor) listed in paragraph 2 of Art. 28 of the Civil Code of the Russian Federation.

Therefore, a minor citizen registered as an individual entrepreneur (up to his acquisition of full legal capacity) will each time have to conclude all transactions related to his entrepreneurial activity only with the written permission of his legal representatives.

The question of how many years you can open an individual entrepreneur today worries many young people. It is not easy to find the answer to it on your own: the legislation contains conflicting information on this matter. On the one hand, an individual who has reached the age of majority has the right to become an individual entrepreneur. 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 own business even before reaching the age of majority?

According to the 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 eighteen years. But to create 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 many years you can become an entrepreneur.

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

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

In order to be able to open a business before coming of age, 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 the guardianship authorities, as well as by the court. A minor can be recognized as legally capable through the guardianship authorities only if all legal representatives agree to recognize the child as legally capable. If at least the permission of the parents or at least one of them has not been received, you will have to go to the courts.

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 individual entrepreneur there from this age.

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

It is important to remember that any competent person is responsible for the actions he has committed. It turns out that after the emancipation procedure, the teenager will be independently responsible for his business. It will be impossible to hide behind the parents.

How to register an individual entrepreneur before coming of age

So, in order to open an individual entrepreneur, it is not necessary to wait until the age of majority comes. However, the registration procedure under the age of eighteen is different from the standard one.

The main difference lies in the composition of the package of documents. If the registering individual entrepreneur 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 emancipation is carried out with the participation of the guardianship and surety body, an appropriate decision will be required;
a court order to recognize a citizen as legally capable;
in case of emancipation as a result of marriage - the corresponding certificate.

To open an individual entrepreneur under 18 years old, you will have to submit documents confirming this right. Only if they are available, the tax service can make a corresponding 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 an application 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 the IP.

Documents can be provided in person, via 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.

Restrictions on Doing Business

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

However, it is important to know that there are restrictions when 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, against whose emancipation are opposed by legal representatives, can be recognized as incapacitated. Also, the status in question can be assigned in case of abuse of alcohol and drugs.

It is important to clearly observe the restrictions when registering an individual entrepreneur. Any attempt to bypass them is a violation of the law and leads to serious consequences.

From what age can you open an IP to a foreigner

The question of how many years you can run your own business has been considered in sufficient detail. However, it is worth clarifying at what age you can open an IP to a foreign citizen, as well as to stateless persons.

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

To organize entrepreneurship, you will need to contact the tax office nearest to your place of residence. In this case, you will have to provide a full package of necessary 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 legislation 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. In theory, everything seems simple. However, in practice, the courts are in no hurry to give appropriate permits. Therefore, young people often have to ask their parents to open IP or earn money in areas that do not require registration. Just don't try to get around the law and act without opening entrepreneurship, for this comes responsibility. It is not difficult to open and maintain an IP, especially if you study the conditions of this procedure.

tvoeip.ru

Legal capacity of a citizen

The right to entrepreneurial activity is among the basic 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 among all citizens equally, arises from his birth and ends only by death.

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

own property;
inherit and bequeath him;
to engage in business 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 his legal capacity, which is closely related to his majority.

This is the ability of individuals to exercise 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 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.

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

he works under an employment contract;
or carries out entrepreneurial activity (with the consent of its legal representatives).

That is, the law provides for the opportunity for a minor to carry out entrepreneurial activity 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 the attainment 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 legal capacity. It begins at the age of 14, when a citizen already has a small range of rights that he can use independently. Up to this age, any transactions and important decisions for the child are made by parents, guardians, adoptive parents and other persons who, according to the law, represent his interests. They also bear full responsibility for these actions.

Exceptions to the rule

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. For example, the family code also stipulates that you can get married after a citizen turns 18. But in some cases, when he provides strong and convincing reasons, he can get married from the age of 16. Moreover, after the registration of the 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 parental consent. 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 negatively affect their health and development.

Minor activity

It should be noted, despite the fact that an individual entrepreneur can be issued from the age of 14, there will be no indulgences to a minor in conducting entrepreneurial activities.

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

make and manage deposits with credit institutions;
enjoy the rights of the author of an invention, work of literature, science, etc.
independently manage their earnings and income;
conduct 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 as an individual entrepreneur. But he can carry out other activities, including registering his entrepreneurial activity, as already mentioned, only with the consent of the parents, which is formalized in writing. At the same time, already from the age of 14, he bears in this case full financial responsibility for all transactions that he makes.

Consequences of registering an individual entrepreneur for minors

So, the law clearly defines at what age an individual entrepreneur can be issued - from the age of eighteen, when full legal capacity begins. 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 this case, a minor citizen is recognized as fully capable. In legal terms, the so-called emancipation begins. However, this requires 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 do with parental consent. They bear full responsibility for him until he becomes fully functional.

Briefly about the main

So, summarizing the above, I would like to expand on the points the main points of the question, from how many years a citizen can formalize his business activity.

A citizen is allowed to conduct entrepreneurial activity when he is recognized as fully capable.
A citizen becomes capable at the age of eighteen, and also at sixteen after he has formalized the marriage, or by the decision of the court, the guardianship and guardianship authority (emancipation).
In other cases, a minor is allowed to engage in entrepreneurial activity only with the consent of the parents, drawn up in writing and certified by a notary. At the same time, parents are fully responsible for his contracts and transactions, so they retain a certain power over him.
A non-emancipated entrepreneur must seek permission (preferably in writing) from their parents whenever they enter into a commercial transaction.
The exceptions are cases when he disposes of his own income, the results of his intellectual activity.

newbusiness.su

Civil legal capacity

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

To obtain an individual entrepreneur as an adult, you must personally submit certain documents to the tax authorities. Here is a list of documents required to open an IP:

Photocopies of all pages of the passport and its original.
Application form P21001.
Copy and original TIN.
Receipt for payment of the state fee.
Application for inclusion in the simplified taxation system.

To obtain an individual entrepreneur, you must be registered and live at the address at which 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 legal capacity and provide all required documents to the tax authority closest to your place of residence.

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

In some cases, it is necessary to confirm their legal capacity or to 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 next kind of deal:

Use of personal money and scholarships at your own discretion.
Registration of copyright for all types of works of art, various inventions and discoveries.
Conducting various kinds of household transactions, without personal gain, with the written permission of guardians or parents.
After reaching the age of 16, he has the right to join a cooperative.
Owning your own deposit in any bank.

The emancipation of a 16-year-old adolescent can occur not only after parental consent, but also if he signs a contract or agreement with the company that gives 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 a teenager required parental consent to open an individual enterprise, then all types of transactions he will also need to confirm with the permission of parents or guardians.

Doing business before coming of age

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

an official decision of a 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 individual entrepreneur, 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.

Limitations

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

Employees of state and municipal institutions do not have the right to open their own IP.
Servicemen of all categories, ranks, ranks do not have the opportunity to open IP.
Individuals with limited legal capacity cannot apply either.
Citizens of the country who are registered in narcological dispensaries do not have the right to open their own IP.
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 individual entrepreneur is 14 years. In this case, it is necessary to issue a certification from a notary for the written consent of the parents, as well as, together with permission, to submit all the necessary documentation to the tax authorities.

In this case, after 5 working days, you must visit the tax office again and get a ready-made individual entrepreneur in your hands, or wait for the documents to 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 legal recognition judicial opinion.

What to open - LLC or IE

In order to decide what to open - LLC or IE - you need to study everything nuances, disadvantages and advantages these forms of business. It should be understood that when you open an LLC, you risk more, and 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 can be attributed to the possibility of opening it even in the presence of an official job. In the case of LLC, this is not possible. It is very important for a beginner businessman to have a financial cushion with which to realize their ideas.

How many years you can 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 is settled.

But, fortunately for future young entrepreneurs, the legislation provides for some exceptions in relation to their own business. 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 activity. There are also options when he confirms the existence of legal grounds for which this consent is not needed.

A copy of the Russian internal passport is included in the set of mandatory documents for submission to the inspection 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 stateless person's certificate 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.

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 she, in particular, implies:

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

It follows from all this that the responsibility and authority necessary for doing business, adolescents after reaching the age of 14, have in full.

Registration of an individual entrepreneur before the onset 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 the 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 with the tax office, he must attach additional papers to it that are not required from an adult applicant.

How to open an individual entrepreneur at the age of 14

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

Completed application for state registration of individual entrepreneurs on a standard form.
A copy of the internal passport (pages with personal data and registration of place of residence).
A receipt for payment of the state duty for registration of an individual entrepreneur (in 2018 it is 800 rubles).

A teenager, in addition to all this, must provide one of these papers:

notarized consent to conduct business activities by him from mother and father, guardians or guardianship and trusteeship authority;
a document that confirms that the consent of one of the parents is not required (death certificate, court decision on recognition as missing, incapacitated or deprivation of parental rights);
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 cases only from 16);
a court decision on the acquisition of full legal capacity by a minor due to emancipation.

Particularly difficult 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 to establish his whereabouts. If the search does not yield results, the police will provide a report within the statutory period, which can be used as a document in the tax office.

Along with adult future businessmen, teenagers, having collected the entire set of necessary documents, can send them to the tax office in three ways:

Take it personally. It will be necessary to first remove copies of all papers, except for the application, and have the originals with you and present for verification.
Send by registered mail with return receipt and a list of attachments. All documents and signature under the application must be certified by a notary.
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 as digital photos or scans.

The completed EGRIP Record Sheet, confirming the state registration of the individual entrepreneur, is issued on the third working day. If you wish, you can choose the option of sending them to the applicant's address by mail. In this case, you will not have to go to the IFTS, but the delivery will take some time - usually from several days to two weeks.

In addition, since April 29, 2018, when you directly contact the tax authority, you can receive a response on state registration by e-mail, and not on paper.

Is it possible to open an individual entrepreneur at the age of 16

The sixteenth birthday has long ceased to have 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:

At this age, citizens of the USSR were issued passports (now at 14).
It was allowed to find a job on a shorter working day.
In exceptional cases, marriage was allowed.
The right to buy tobacco products in stores appeared (now from the age of 18).

Now all this, except for the opportunity to start a family (and in some regions, to marry, as already noted, is allowed from the age of 14), which allows registering 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 even more possible.

Restriction of the Rights of a Minor Citizen to Dispose of Financial Resources

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

Limiting this opportunity for him is permissible, as in relation to adults, only by a court decision. And the latter, in turn, is entitled to take it out only when there are grounds for doing so.

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

The procedure for the consideration of such cases by the courts is spelled out 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 for restriction of the right to dispose of money has been submitted;
the 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 a court session to be held without a prosecutor, then there is no way to do without a minor whose application is being considered by the court.

In cases where the presence in the courtroom may be dangerous for the adolescent himself or other participants in the process, there is the option of an exit session in the place where he is being held, for example, a psychiatric hospital, a social service institution or a rehabilitation center.

The fears of parents that a teenager, having gone into business and starting to make a profit, will not be able to rationally dispose of the money that has fallen on him, are quite understandable. But the best way to insure yourself on this subject is to take care of the financial literacy of your own child in advance.

Financial literacy comes in handy in life, regardless of the entrepreneurial ability.

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

In one of his conversations with young Robert, "rich dad" said that he did not care what path his own son took in life. And if he does not want to continue his father's business in business, tragedy will not happen. But the ability to handle money, which he instilled from a young age in both his own child and Robert, should have come in handy, whoever the son ultimately decided to become - a janitor, firefighter, salesman, teacher, etc.

So, starting from the age of 14, a teenager has the right, subject to a number of conditions, to engage in entrepreneurial activity. 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 off-budget funds, regardless of their financial results, comply with laws and rules governing a particular field of activity. And the young businessman is responsible for all this on an equal basis with his adult colleagues.

ipboss.guru

At what age can you open an individual entrepreneur 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 assume civil obligations and fulfill them. The legislation recognizes a citizen as fully capable at the age of 18 and older (Article 21 of the Civil Code of the Russian Federation). From that time on, a person can independently issue an individual entrepreneur 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 a temporary residence permit in the country.

Even an adult entrepreneur cannot apply for an individual entrepreneur if he is recognized as partially capable or incompetent, or in case of an injunction against the chosen type of activity.

How to open an IE before the age of majority

A child under the age of 14 cannot register an individual entrepreneur, since he does not have a full set of civil rights. Parents' consent does not change the situation. Parents or guardians make transactions on behalf of a minor; they are also financially responsible 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 household transactions;
dispose of the received income;
make financial contributions to banks;
receive proceeds from copyright.

Emancipation and its types

From the age of 16 and until the age of majority, according to the law, a teenager can open an individual entrepreneur, having previously passed emancipation. Emancipation is the recognition of a person between the ages of 16 and 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 the parents or adoptive parents are against emancipation, the child can be declared legally competent by a court order.

By 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 the family. 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 him.

Documents that you may need to undergo emancipation:

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

The application is considered for 1 month (Federal Law No. 59), and in Moscow - 2 weeks. The authorities of regional entities can set their own terms for completing the procedure.

Having passed emancipation at the age of 16-17, the child receives a document confirming full legal capacity - a decision of a court or a guardian body. With him, he can apply to the tax office and register an individual entrepreneur. After being recognized as legally 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 \u200b\u200bresponsibility for a child, a step towards an independent life. If parents trust the teenager and support his endeavors, they can agree to emancipation. The second option is to register a company for yourself and control the actions of the child at the first stages, giving him the opportunity to start a business without risk.

Today, young people are so active that they strive to engage in entrepreneurial activity from an early age. And it is quite natural that the question is in the air about at what age you can register as an individual entrepreneur. Today's topic will be devoted to an overview of the regulatory and legal documents adopted on this issue, as well as how the registration of an individual entrepreneur is carried out as a minor, what are the limitations and exceptions.

Legislation

Before trying to answer the question of how many years you can open an individual entrepreneur, you should study the regulatory and legal documents governing this issue.

If we turn to the law of the Russian Federation "On State Registration of Legal Entities and Individual Entrepreneurs" No. 129 - FZ, adopted by the State Duma on July 13, 2001, then it will not be possible to get a direct answer to the question asked.

As for the Civil Code of the Russian Federation, paragraph 1 of Article 23 of the first part of this document states that a citizen can legally engage in entrepreneurial activity without forming a legal entity from the moment he registered as an individual entrepreneur in the tax office.

If you look at the question posed from the point of view of the list of required documents for state registration of an individual entrepreneur, then it should be highlighted:

application of the established form;
a notarized copy of the passport of the citizen who made the decision to become an individual entrepreneur;
a receipt confirming the fact of payment of the state duty for registration with the tax authority.

If you study the full package of legal documents, then we can conclude that any citizen of the Russian Federation who has reached the age of 14 can become an individual entrepreneur, when individuals receive a passport, at the same time acquiring a "capable" status.

Registration of an individual entrepreneur until the age of majority

Citizens of the Russian Federation who receive a passport at the age of 14 and have the right to open an individual entrepreneur are minors and have only partial legal capacity.

Nevertheless, according to clause 2 of Article 26 of the Civil Code of the Russian Federation, minors between the ages of 14 and 18 are entitled to the following transactions without the consent of the trustees or parents:

manage wages, scholarships and other income;
open deposits with credit institutions and manage funds for them;
carry out small household transactions;
already at the age of 16, persons who have not reached the age of majority have the right to become members of cooperatives.

In order to register as an individual entrepreneur at the age of 14, a teenager, in addition to the standard package of documents, will be required to submit to the tax service the following certificates proving his legal capacity:

a court decision or a decision of guardianship on full legal capacity in relation to work under the contract, as well as a copy of this document;
marriage registration certificate with its copy;
permission received from guardians or parents.

If the parents or guardians refuse to recognize the child as fully capable, then he can prove this by filing an appropriate application with the court.

Limitations

On the territory of the Russian Federation, both Russian citizens and foreigners, as well as stateless persons, can register an individual entrepreneur.

Despite this, there are some legal restrictions when it becomes impossible to register a business:

this should include the situation when the future businessman is a military man, a civil servant or an employee of the municipal service;
if it is proved that the future entrepreneur is incapacitated;
if a person is registered in a narcological clinic;
when foreigners and stateless persons are not registered on the territory of the Russian Federation.

Exceptions

It was already discussed above that it is possible to open an individual entrepreneur on a general basis on the territory of the Russian state, as a rule, starting from the age of 18.

However, there are exceptions. As you know, marriage is legally allowed from the age of 18. However, in some cases, marriage is allowed from the age of 16. And after the registration procedure at the registry office, an individual becomes absolutely legally capable and receives the right to open an individual entrepreneur on a general basis. The only thing that a 16-year-old teenager must provide to the tax authorities when registering an individual entrepreneur is the written consent of the guardians or parents, certified by a notary.

Conclusion

Thus, it is possible to engage in individual entrepreneurship, while revealing its full potential, from a very young age. In this situation, it is only important to follow the letter of the law.

Every citizen has the right to register as an individual entrepreneur, however, it is not entirely clear what is the minimum age threshold for this action. Is it possible to open an individual entrepreneur when you turn 14, or is it allowed by law to do this only after you reach the age of 18?

If such an action is allowed to be carried out at an early age, then what conditions must be met, and what package of documents must be provided? Let's try to understand in detail the question of from what years it will be possible to open an IP. In addition, we will consider the necessary package of documents for registering individual entrepreneurship and special conditions for minors.

Registration of an individual entrepreneur at the age of 14

A citizen of the Russian Federation receives a state-recognized passport at the age of 14, and, starting from this age, he can apply for individual entrepreneurship. As a rule, young people strive for emancipation, that is, the creation of their financial independence from their parents, and for this they try to become entrepreneurs at the age of 14.

In order to register an individual entrepreneur from the age of 14, it is necessary to obtain a notarized consent from the parents or guardianship authorities. In addition, if the parents and guardianship refuse to issue consent for the opening of an individual entrepreneur by a minor citizen, he can apply to the court to recognize him as legally capable. Thus, it is possible to become an individual entrepreneur only with the consent of the parents or the guardianship and guardianship authorities or by the decision of the judicial authorities to recognize the citizen as legally capable.

In addition to the specified consent or court decision for registering an individual entrepreneur, at this age it is necessary to collect and provide the following package of documents:

application form No. Р21001 for state registration as an individual entrepreneur;
a copy of the passport of a citizen of the Russian Federation;
information about the registration of the place of residence;
a certificate of the absence (presence) of a criminal record or the fact of the presence (absence) of criminal prosecution;
document confirming the payment of the state fee, which is 800 rubles.

Registration as an individual entrepreneur is quite feasible, only it is necessary to obtain the consent of the parents or the competent state authorities.

Registration of an individual entrepreneur at the age of 16-17

Citizens of the Russian Federation at the age of 16-17 are not yet adults, but they have the right to engage in entrepreneurial activity along with 14-year-olds. They also need to obtain the notarized consent of their parents or permission from the guardianship and guardianship authorities, and they can also act through the judicial authorities in order to confirm their legal capacity.

The package of documents also does not differ, and therefore it is necessary to provide an application for opening an individual entrepreneur, a copy of the passport and information about registration, a certificate of the presence / absence of a criminal record or criminal prosecution, a document confirming the payment of a state fee.

Features of registration of individual entrepreneurs by minors

As noted earlier, minor citizens can open an individual entrepreneur with the consent of their parents or the permission of state bodies, but this may not always be enough for the implementation of this event. Registration of an individual entrepreneur until the age of majority cannot be carried out if the following circumstances exist:

a citizen got a job in a municipal or state service;
he does not have legal capacity, for example, is registered in a narcological dispensary;
is a foreign citizen and does not have Russian citizenship.

An important point! If a minor citizen under the age of 18 enters into a legal marriage, then he receives emancipation, that is, he becomes fully capable and independent in a legal sense from his parents. In some constituent entities of the Russian Federation, there are regulatory legal acts, according to which citizens who have reached the age of 14 can enter into marriage. And if such a circumstance exists, then a citizen can also open an individual entrepreneur, since he is considered capable.

In the absence of restrictive conditions and the availability of permission from parents and government agencies, opening an individual entrepreneur under 18 will not be difficult, you just need to collect the relevant documents and submit them to the tax office. Note that it is necessary to register with the IFTS to which the citizen belongs in connection with his registration.

Documents can be submitted in several ways:

during a personal visit to the tax office;
using the services of multifunctional centers;
online on the website of the Federal Tax Service of the Russian Federation;
by post with an inventory and a declared value.

In addition, a minor citizen can submit documents both independently and through a proxy, for whom a notarized power of attorney is drawn up.

Experts advise minor citizens wishing to engage in entrepreneurial activity to take this kind of event seriously. To do this, you need to pay attention to the following points:

study the legal framework for entrepreneurship in Russia;
find an accountant to prepare and submit reports to the tax authorities, or learn how to do it yourself;
does it make sense to start a business from that age or wait until the moment of majority;
in case of refusal of parents or state bodies in a permit for entrepreneurial activity, study the issue of filing a statement of claim with the judicial authorities for recognition of legal capacity.

Before studying the question of how to open an IP at 16 or at an earlier age, it is necessary to understand that this activity has certain characteristics. In addition, a citizen who registered an individual entrepreneur will be responsible, and therefore will always need to be responsible for all operations performed.

The Civil Code (Civil Code of the Russian Federation) precisely determines from how many years you can open an individual entrepreneur or other enterprise for entrepreneurship. For this, concepts such as legal capacity and legal capacity are used, various age criteria are taken into account.

From the moment of birth to the very end of life, each person is the bearer of any rights and obligations, that is, he has legal capacity (Articles 17, 18 of the Civil Code of the Russian Federation). One of these rights of a citizen is to carry out entrepreneurial activity, make transactions, dispose of property, that is, be an entrepreneur.

Civil capacity and individual entrepreneurs

In accordance with the Civil Code of the Russian Federation, the full legal capacity of a citizen comes from the age of majority. This is the age of eighteen (clause 1 of article 21 of the Civil Code of the Russian Federation).

If a citizen is not limited in his legal capacity by a court decision, then from the age of 18 he can conduct entrepreneurial activity alone or together with other capable citizens.

The legal capacity of our citizens can be reduced only by a court decision or in accordance with the law. Even if in any transaction there is a voluntary limitation of legal capacity, such transactions are considered null and void (invalid).

To open an individual entrepreneur after 18 years, there is no need to somehow confirm your ability, it is enough to submit the following documents personally to the tax authority (IFTS):

passport and photocopies of all its sheets;
completed application in the form of Р21001;
tIN certificate (original and copy);
receipt of payment of state duty;
application for a simplified taxation system.

If documents are submitted through a representative, then he needs to issue a notarized power of attorney and certify all copies and signatures. You also need to certify all documents if they are sent by mail. To open an individual entrepreneur, a citizen must have a permanent place of residence, and the company will be registered at this address.

After 5 working days, you need to visit the Inspectorate of the Federal Tax Service and receive documents for the individual entrepreneur, then you can go about your business. If the documents are not received in person on time, the tax office will send them by mail to the applicant's residence address.

Foreign citizens and stateless persons can also register their individual entrepreneurs and, accordingly, also have legal capacity from the age of 18 in accordance with the Civil Code of the Russian Federation. They can engage in such activities with the same rights.

The Civil Code of the Russian Federation considers three ages of young citizens. These are 14, 16 and 18 years old. It is important to determine at what age a teenager has the right not so much to engage in entrepreneurial activity as to obtain the legal right to register his individual entrepreneur.

Emancipation and entrepreneurship

Minors from 14 to 18 years old have incomplete legal capacity and can personally make various transactions (clause 2 of article 26 of the Civil Code of the Russian Federation):

use at your own discretion the scholarship, personal money;
be the author of various works of art, inventions, discoveries and other intellectual achievements;
to make transactions at home and without profit, profitable transactions can be concluded with the written permission of the parents;
upon reaching the age of 16, you can become a member of the cooperative;
to be a depositor in a bank.

But parents or guardians can deprive minor citizens of legal capacity or limit it. From the age of 14, adolescents can engage in entrepreneurial activity, conclude transactions, be responsible for them, but with parental consent. A teenager will be able to open an IP only from the age of 16 and under certain circumstances.

Upon reaching the age of 16, citizens can become fully capable (emancipation) in the following cases:

the teenager works under a contract or contract;
marriage;
with the consent (permission) of the parents.

A young man, for example, can work at any enterprise both under a fixed-term agreement (contract) and under an employment contract. Such work, confirmed by a contract, is the basis for emancipation.

This allows a young person under 18 to receive full legal capacity and the ability to open (register) an individual entrepreneur. If such an individual entrepreneur registered his business with the consent of his parents, he will have to ask their permission for each transaction carried out under the IP.

To register an individual entrepreneur, a minor teenager will need, in addition to those mentioned, to hand over one of the documents confirming legal capacity:

a court or guardianship decision on full legal capacity in connection with work under an agreement or contract and a copy thereof;
marriage registration certificate with a copy;
permission of his parents, guardian or guardian, if one or both parents are not present.

If the parents do not agree that the teenager is not fully capable, it is possible to prove full legal capacity in court at the request of the teenager or the guardianship authority. Full legal capacity also implies the maximum responsibility of a young individual entrepreneur to the state and creditors. According to the law, an individual entrepreneur is liable to them with all his property of an individual, who can be foreclosed in court.

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