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

For young people thinking about entrepreneurial activity, the question arises: “At what age can you open an IP”? The legislation does not contain a direct answer to it. To do this, you first need to understand the concepts of "legal capacity" and "capacity" that exist in civil law.

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.

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.

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

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 individual entrepreneur has not reached the age of majority, in addition to the traditional ones, the following papers will have to be submitted:

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 individual entrepreneur to a foreign citizen, as well as to 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 in the territory 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 own actions to exercise civil rights, to create for oneself civil duties, and also to 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.

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, notarial certificate.

This is the list of activities that a minor can do in principle, without registering an individual entrepreneur. But he can carry out other activities, including registering his entrepreneurial activities, as already mentioned, only with the consent of his parents, which is formalized 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. talking legal language, comes the so-called emancipation. 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 do 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.

A citizen is allowed to conduct entrepreneurial activities when he is recognized as fully capable.
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).
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.
A non-emancipated entrepreneur must seek permission (preferably in writing) from his parents whenever he makes a business transaction.
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:

Photocopies of all pages of the passport and its original.
Application form P21001.
Copy and original TIN.
Receipt of payment of state duty.
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:

The use of personal money and scholarships is at your discretion.
Registration of copyrights for all types of works of art, various inventions and discoveries.
Making various kinds of household transactions, without personal gain, with the written permission of the guardians or parents.
After reaching the age of 16, the right to join the cooperative.
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, it is necessary, in addition to the above-mentioned documents, 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:

Employees of state and municipal institutions do not have the right to open their own IP.
Military personnel of all categories, ranks, ranks do not have the opportunity to open IP.
Individuals with limited legal capacity also cannot apply.
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 IP is 14 years. In this case, it is necessary to issue a notary certification of the written consent of the parents, and also, together with the permission, submit all the 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 to start official work in 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:

Bearing full responsibility (up to criminal) for all their actions.
The right to independently dispose of earned money.
The ability to open bank accounts and debit cards in your name and use them.
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:

A completed application for state registration of an individual entrepreneur on a standard form.
A copy of the internal passport (pages with personal data and registration of residence).
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);
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:

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.
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.
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 digital photos 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, an answer on state registration can be obtained 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:

At this age, citizens of the USSR were issued passports (now at the age of 14).
Allowed to work on a shortened working day.
In exceptional cases marriage was allowed.
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 drug treatment center 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 without a prosecutor to hold court hearing the law allows, then without a minor, the application for which the court is considering, cannot be dispensed with.

In the event that the presence in the courtroom may be dangerous for the teenager himself or other participants in the process, the option of an off-site meeting is provided in the place where he is kept, for example, a psychiatric hospital, an institution social service 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 insure on this subject will take care of in advance financial literacy own child.

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 from an early age both in his own child and in Robert, 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 off-budget funds, regardless of their financial results, comply with the laws and regulations governing a particular area 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 a status 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 a 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 IP, 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.

Currently, young people are so active that they tend to engage in entrepreneurial activities from an early age. And it is quite natural that the question of at what age you can register as an individual entrepreneur is in the air. Today's topic will be devoted to the review of regulatory - legal documents taken by this issue, as well as how the registration of IP at a minor age is carried out, what limitations and exceptions exist.

Legislation

Before trying to answer the question of how old you can open an IP, you should study the 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 a direct answer to the question asked will not be possible.

As for the Civil Code of the Russian Federation, paragraph 1 of Article 23 of Part One this document states that a citizen legal grounds can engage in entrepreneurial activities without education legal entity from the moment he was 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 IP, then here it should be highlighted:

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

If we study the full package of legal documents, 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 before 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 paragraph 2 of Article 26 of the Civil Code of the Russian Federation, minors aged 14 to 18 years have the right to the following transactions without the consent of the guardians or parents:

dispose of salary, scholarships and other income;
open deposits in credit institutions and dispose of funds on 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 the following certificates to the tax service 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 from guardians or parents.

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

Restrictions

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:

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

Exceptions

It has already been 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 in the registry office, an individual becomes absolutely capable from a legal point of view 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, already 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 IP when you are 14 years old, or is it legal to do this only after reaching the age of 18?

If such an action is allowed to take place in 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 registration of individual entrepreneurship and special conditions for minors.

IP registration at the age of 14

A citizen of the Russian Federation receives a state-issued passport at the age of 14, and, starting from this age, can register an 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 parents and guardianship refuse to issue consent to the opening of an IP by a minor citizen, he can apply to the court to recognize him as 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 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 in form No. P21001 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;
a document confirming the payment of the state fee, amounting to 800 rubles.

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

IP registration at 16-17 years old

Citizens of the Russian Federation at the age of 16–17 are not yet of legal age, but, on an equal basis with 14-year-olds, they have the right to engage in entrepreneurial activities. 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 registration information, a certificate of the presence / absence of a criminal record or criminal prosecution, a document confirming the payment of the state fee.

Features of registration of IP by minors

As noted earlier, minor citizens can open an IP with the consent of their parents or the permission of state bodies, but this may not always be enough to carry out this event. Registration of an individual entrepreneur before 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, he is registered in a narcological dispensary;
is an foreign citizen and does not have Russian citizenship.

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 legally independent from his parents. In some subjects 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 permission of parents and government authorities, opening an IP under 18 years of age 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 in 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 mail with an inventory and declared value.

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

Experts advise underage citizens who wish to engage in entrepreneurial activities to take this kind of event with all seriousness. To do this, you need to pay attention to the following points:

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

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

The Civil Code (Civil Code of the Russian Federation) precisely determines from how many years it is possible to 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 until 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 activities, to make transactions, to dispose of property, that is, to be an entrepreneur.

Civil capacity and IP

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, 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 activities alone or together with other capable citizens.

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

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

passport and photocopies of all its sheets;
a completed application form R21001;
TIN certificate (original and copy);
receipt of payment of state duty;
application for a simplified taxation system.

If the documents are submitted through a representative, then he needs to notarize a 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 enterprise will be registered at this address.

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

Foreign citizens and stateless persons can also register their IP 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 receive legal right register your IP.

Emancipation and entrepreneurship

Minor citizens 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 a scholarship, personal money;
be the author of various works of art, inventions, discoveries and other intellectual achievements;
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;
be a depositor in a bank.

But parents or guardians can deprive minor citizens of legal capacity or limit it. Adolescents from the age of 14 can engage in entrepreneurial activities, make transactions, bear responsibility for them, but with the consent of their parents. 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:

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

A young person, for example, can work in an enterprise as fixed-term contract(contract), and labor. Such work, confirmed by the contract, is the basis for emancipation.

This allows a young person under 18 years of age to obtain full legal capacity and the opportunity to open (register) an individual entrepreneur. If such an individual entrepreneur has registered his business with the consent of his parents, he will have to ask their permission for each transaction conducted within the IP.

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

decision of the court or guardianship on full legal capacity in connection with work under an agreement or contract and a copy thereof;
marriage registration certificate with a copy;
the permission of his parents, guardian or custodian, if one or both parents are absent.

In case of disagreement of the parents who consider the teenager not fully capable, full legal capacity can be proved 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. individual which may be levied in court.

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