From what age can you open an individual entrepreneur to a citizen of Russia and a foreigner. How old can you open an IP: main restrictions How old can you open an IP for a Russian citizen and a foreigner
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) will each time have to conclude all transactions related to his entrepreneurial activity only with the written permission of his legal representatives.
Wanting to do business, some people have a question, from what age does the law allow you to open an individual entrepreneur? Indeed, situations often occur when even a minor finds his sphere in entrepreneurial activity and develops his business well. Below we will try to give an exhaustive answer to the question of how old an entrepreneur should be at least.
Legal capacity of a citizen
The main condition that must be met so that you are not denied registration of an individual entrepreneur is that the future entrepreneur must be capable. The law determines that legal capacity comes with reaching the age of majority, that is, from the moment a citizen turns 18 years old. At this age, he is considered fully capable.
However, along with this there is the concept of incomplete capacity. It begins at the age of 14, when a citizen already has a small range of rights that he can use on his own. Until this age, any transactions and important decisions for the child are made by parents, guardians, adoptive parents and other persons who, by law, represent his interests. They bear full responsibility for these actions.
Exceptions to the rules
Accordingly, it is possible to open an IP to a citizen only after he turns 18, that is, when he becomes fully capable. But there are exceptions to this rule as well. For example, the family code also provides that you can get married after a citizen turns 18 years old. But in some cases, when he provides good and convincing reasons, he can marry from the age of 16. Moreover, after registration of marriage, such a citizen is recognized as fully capable. And this, as we already know, means that now he can open an IP on his own.
And that's not all the concessions for minors. So, from the age of 16, every teenager can work under a contract, an employment contract, and even register an individual entrepreneur with the consent of their parents. Naturally, such consent must be fixed on paper and certified by a notary. However, we must remember that the law has established some restrictions for minors. There is a whole list of activities that are contraindicated for this category of citizens. As a rule, these are those that can adversely affect their health and development.
Activities of a minor
It should be noted that despite the fact that IP can be issued from the age of 14, there will be no concessions for a minor in doing business.
However, it is worth remembering that a citizen of 14-18 years of age can:
- make and manage deposits in credit institutions;
- enjoy the rights of the author of an invention, work of literature, science, etc.;
- independently manage their earnings and income;
- carry out small transactions that do not require state registration, notarization.
This is the list of activities that a minor can 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 in writing. At the same time, already from the age of 14, in this case, he bears full financial responsibility for all transactions that he makes.
Consequences of registering an individual entrepreneur as a minor
So, the law clearly defines at what age an individual entrepreneur can be issued - from the age of eighteen, when full legal capacity occurs. But at the same time, Art. 27 of the Civil Code of the Russian Federation allows a minor to officially register his entrepreneurial activity from the age of 16, if there is the consent of his parents or persons who replace them.
The same article indicates that in such a case, a minor citizen is recognized as fully capable. In legal language, the so-called emancipation is coming. However, it is necessary to obtain permission from the guardianship and guardianship authority or the court. Without this permission, legal capacity is recognized as limited and all contracts, transactions related to commercial activities, such a citizen can only be made with the consent of the parents. They bear full responsibility for him until he becomes fully capable.
Briefly about the main
So, summing up the above, I would like to break down the main points of the question, from how many years a citizen can officially formalize his entrepreneurial activity.
- 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.
For minors under the age of 14, almost all transactions are made on their behalf by parents, adoptive parents and guardians (art.
28 of the Civil Code of the Russian Federation). They also bear property liability for the transactions of a minor citizen and for the harm caused by the child. A child can only manage pocket money, make small household transactions and gratuitous transactions aimed at obtaining benefits. Thus, a citizen can engage in entrepreneurial activities from the age of 18, from the moment of acquiring full legal capacity.
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.
The use of personal money and scholarships is at your discretion.
At what age can citizens of the Russian Federation open an IP?
It is these opportunities that are called entrepreneurial activity.
It is generally believed that a citizen can open an IP with full legal capacity. This concept defines the presence of full responsibility for the actions taken. The Civil Code of the Russian Federation clearly regulates that full legal capacity comes with reaching the age of majority.
The judiciary may reduce the possibilities of such individuals, but for very good reasons.
At what age can you open a sole proprietorship
This is evidenced by Art. 27 of the Civil Code of the Russian Federation: a minor whose age has reached the age of 16 can be recognized as absolutely capable if he conducts a labor activity, or if his parents / guardians agree to open an IP for him.
The guardianship authorities or the court can carry out the emancipation procedure (declaring a minor fully capable).
In the first case, the consent of both parents/guardians will be required.
At what age can you get the status of an individual entrepreneur?
A child can only manage pocket money, make small household transactions and gratuitous transactions aimed at obtaining benefits.
Thus, a citizen can engage in entrepreneurial activities from the age of 18, from the moment of acquiring full legal capacity. However, there is an exception here. A minor (under the age of 18) acquires full legal capacity from the moment of marriage.
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.
At what age can citizens open an IP?
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.
It follows from this that a minor who has reached the age of 14 can become an individual entrepreneur. However, there will be many problems, a minor individual entrepreneur will have to make each transaction with the written consent or with the subsequent approval of a legal representative.
It is unlikely that counterparties will like it, and it may scare it away.
2. In the case when the law allows marriage before reaching the age of eighteen, a citizen who has not reached the age of eighteen acquires legal capacity in full from the time of entering into marriage.
At what age is it possible to register an IP
However, an incomplete study of information can lead to the appearance of an erroneous opinion that in order to open an individual entrepreneur, the age of the future entrepreneur must be at least 18 years old. And only the acquisition by a citizen of the status of "adult" gives the applicant full civil rights. In particular, this is stated in Article 21, par.
2 of the Civil Code of the Russian Federation on legal capacity. The difference between the registration of an individual entrepreneur by the forces of a partially capable citizen is the need to attach to the main documents also a permit for registration of an individual entrepreneur by authorized bodies, or by a responsible person.
Hello!
How old can you open an IP: main restrictions
As a general rule, opening an individual entrepreneur is possible only if there is full legal capacity that occurs when a citizen reaches the age of 18 years.
A citizen who has reached the age of 16 may be recognized as fully capable by decision of the guardianship and guardianship authorities (with the consent of both parents) or the court (if there is no parental consent), as well as in the event of marriage.
A minor under the age of 16 has the right to make transactions and engage in entrepreneurial activities only with the written consent of both parents, certified by a notary.
Considering the foregoing, registration of a citizen as an individual entrepreneur in Russia is possible from the age of 14, provided that both parents (guardian or trustee) have given their written consent.
At the same time, it should be noted that at the moment the issue of the possibility of opening an individual entrepreneur from the age of 14 is controversial and in a number of inspections the registration of citizens under the age of 16 years old may be refused, even if there is parental consent to open an individual entrepreneur.
This is due to the fact that Article 27 of the Civil Code of the Russian Federation recognizes the possibility of emancipation (declaring fully capable) of a citizen only from the age of 16 years.
For citizens aged 16 to 18 years, registration as an individual entrepreneur is possible upon submission to the tax authority of the notarized consent of the parents (adoptive parents or guardian) to carry out entrepreneurial activities or a copy of the marriage certificate, or a copy of the decision of the guardianship and guardianship authority or a copy of the court decision on declaring an individual registered as an individual entrepreneur as fully capable.
Answers to frequently asked questions about registering an LLC
How to register an LLC yourself?
Your attention - Step-by-step instructions for registering an LLC
What are the costs of registering an LLC?
- State duty - 4,000 rubles.
- Payment for notarization of the form - 1,000 rubles.
- Payment for a notarized power of attorney, if you submit through a representative - 700 rubles.
- Legal address - from 2,000 rubles.
- Printing - 700 rubles.
- Opening a current account - from 1,000 rubles.
What documents are required to register an LLC?
Passport and TIN of the CEO and all founders.
What information is required to register an LLC?
- Full and abbreviated name of the LLC in Russian, in a foreign language if required.
- Types of activity (we select codes, a description is required from you).
- The number of founders, the distribution of their shares in the authorized capital.
From what age can you open an IP for a citizen of Russia and a foreigner
Copies of Passport and TIN.
- Passport and TIN of the General Director.
- Contribution to the authorized capital, for example: laptop - brand, serial number.
- Legal address.
What will be issued in the tax office after the registration of an LLC?
- Extract from the Unified State Register of Legal Entities (Unified State Register of Legal Entities)
- Data entry sheet in the Unified State Register of Legal Entities
- TIN (Taxpayer Identification Number)
- OGRN (Main state registration number)
- Notification from statistical authorities (Petrostat)
- Notifications from off-budget funds (PFR, FSS)
- Constituent documents: Charter, orders, memorandum of association, decisions on creation.
Is it possible to indicate as a legal address the address of residence of the general director?
Yes, the address of the “location of the Company” is determined by the location of the permanent executive body (Head) and may coincide with the registration of the general director.
Is it possible to expedite the registration of an LLC?
No, the period for reviewing documents by the tax inspectorate is the same for everyone - 6 days.
Who should go to a notary?
Since 2014, all founders have been going to the notary.
Do I need to register somewhere else after receiving documents from the tax office?
Registration is carried out on a one-stop basis. MIFTS itself must register you with the FIU, FSS and Petrostat. In practice, it happens that upon receipt of documents at the tax office, you may not be given notices from the funds, or they may be sent by mail, in which case you must register yourself.
Will the state fee be returned in case of refusal?
No, the state fee is not refundable in case of refusal of registration.
Can one person be both CEO and founder?
Yes, one person can be both the CEO and the founder.
Can one person act as a founder in several LLCs?
Yes, one person can act as a founder in several LLCs.
How old do you have to be to become a CEO or founder?
Any citizen of our country who is fully capable, that is, who has reached the age of majority or an emancipated minor from the age of 16, can become a general director or founder.
Legal services / IP registration
Registration of an individual entrepreneur
If you decide to register as an individual entrepreneur, then from January 2006 you must personally submit and receive the documents required for registration with the tax office.
Also, a complete package of documents can be sent by mail, in which case a certificate of registration will be sent to your home address.
We will help you competently prepare a package of documents for registration of IP.
The cost of the document preparation service is 1500 rubles.
Additionally, you can order a print from us - 500 rubles.
At your request, we provide a full range of services for the registration of individual entrepreneurs.
Required documents:
The passport
TIN, if any
IP registration is carried out at the place of permanent residence.
The registration period is 7-10 business days.
The cost of a complex of services for registering an individual entrepreneur is 3,400 rubles.
The range of services includes:
- payment of state duty for state registration
- preparation of a set of documents for state registration
- production of one regular print
- getting statistics codes
- opening an account with a specific bank
The package of services does not include payment of notary fees! Registration in the funds is carried out by the tax office!
More:
1.
Entrepreneurs activities
2.
Differences between an entrepreneur and a legal entity
3.
In what order are creditors' claims satisfied?
4.
At what age can you get the status of an individual entrepreneur
1. Activities of entrepreneurs.
Independent activity of persons aimed at making a profit is called entrepreneurial. We list the main features of entrepreneurial activity, provided for in Article 2 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation).
1.
Entrepreneurial activity is carried out at your own peril and risk.
2. Persons engaged in entrepreneurial activities must be registered.
3. Profit in the course of entrepreneurial activity can be obtained from the use of property, the sale of goods, the performance of work or the provision of services.
Citizens of the Russian Federation have the right to engage in any entrepreneurial activity (Article 23 of the Civil Code of the Russian Federation). The exception is legally prohibited activities - the manufacture and sale of weapons, drugs, etc. (Decree of the President of the Russian Federation of February 22, 1992 No. 179). At the same time, they do not have to create an organization, that is, a legal entity. They can become individual entrepreneurs.
Individual entrepreneurs (hereinafter - IP) are individuals registered in the prescribed manner and carrying out entrepreneurial activities without forming a legal entity (hereinafter - PBOYuL), as well as private notaries, lawyers who have established law offices (clause 2, article 11 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation)).
A citizen acquires the status of an individual entrepreneur from the moment of state registration.
A citizen-entrepreneur carries out entrepreneurial activity on his own behalf and at his own risk. On his own behalf, he concludes business contracts, makes transactions with legal entities and individuals, as a result of which he intends to make a profit. In addition, he can act in the judiciary and is an independent tax payer. Therefore, an entrepreneur must register with the tax authority as a taxpayer and pay all taxes and fees prescribed by law.
Despite the fact that an individual entrepreneur is an individual, he is considered as an equal participant in entrepreneurial activity.
Its activities are regulated by the same provisions of the Civil Code of the Russian Federation and the Tax Code of the Russian Federation that apply to legal entities. In other words, the activity of an individual entrepreneur is equated to the activity of legal entities that are commercial organizations. In economic relations, entrepreneurs act on the same grounds and with the same rights as legal entities.
If a citizen is engaged in entrepreneurial activity, but has not passed state registration as an individual entrepreneur, the rules established by the Tax Code of the Russian Federation will still apply to him. Consequently, all taxes that the entrepreneur must pay will be collected from him.
Starting an entrepreneurial activity as an individual entrepreneur, you can become a millionaire or lose all your property. In the event of an unsuccessful business, you will have to pay off everything that you own for debts, because the individual entrepreneur is liable for his obligations with all his property (Article 24 of the Civil Code of the Russian Federation).
The only exception is the property on which, according to the law, execution cannot be levied. This is the main difference between an individual entrepreneur and a legal entity.
2. Differences between an entrepreneur and a legal entity.
When registering a legal entity, the founders make contributions to the property of the organization on their behalf. It can be money, inventory or non-current assets. From that moment on, the property of a legal entity is accounted for separately from the property of the founders.
Let's assume that the organization has incurred losses. Creditors demand repayment of debts. A legal entity can pay off creditors only within the limits of its property: give away fixed assets, securities, goods, finished products, etc. At the same time, the founder can sleep peacefully: it is impossible to take the personal property of the founders for debts, since the organization is liable for debts only with their separate property (Article 48 of the Civil Code of the Russian Federation).
If the individual entrepreneur is at a loss and cannot repay his debts to his creditors, then by a court decision he may be declared bankrupt. From the moment such a decision is made, the entrepreneur loses his status. To satisfy the requirements of creditors, an individual entrepreneur will have to pay for debts not only the property that he used in business. Collection for debts can be imposed on the cottage, and on the apartment, and on the car, and on the garage of a citizen. Individual entrepreneurs have to answer for their debts with all their property.
3. In what order are creditors' claims satisfied?
First of all, the claims of citizens to whom the entrepreneur is liable for causing harm to life or health, as well as claims for the recovery of alimony, are satisfied. Then the entrepreneur will have to pay off employees by paying them wages and severance pay. Then creditors will receive their share, whose claims are secured by a pledge of property belonging to the individual entrepreneur. In the fourth stage, the debt on obligatory payments to the budget and off-budget funds will be repaid.
From what age can I register an IP
And lastly, the claims of all other creditors are satisfied.
Legal entities must have an independent balance sheet or estimate and be sure to keep accounting records. Unlike them, sole proprietorships only keep records of income and expenses to calculate taxes that should be paid to the budget.
4. At what age can one get the status of an individual entrepreneur?
A citizen from the moment of birth until his death has legal capacity, that is, the ability to have civil rights and bear obligations. The content of legal capacity also includes the right to engage in entrepreneurial activity (Article 18 of the Civil Code of the Russian Federation).
Can a person from birth engage in entrepreneurial activity? Of course not. From birth to 18 years of age, that is, until his majority, a citizen is incapacitated, that is, he cannot acquire and exercise his civil rights, create civil duties for himself and fulfill them.
In addition, a minor who has reached the age of 16 may be declared fully capable if he:
A 16-year-old teenager is declared fully capable (emancipation) is made:
From the age of 14 to 18, the child has the right to independently:
- From the age of 14 to 18, the child has the right to independently:
- works under an employment contract, including a contract;
- is engaged in entrepreneurial activities.
- by decision of the guardianship and guardianship authorities with the consent of both parents (adoptive parents, guardian);
- by a court decision, if the parents do not give their consent to the recognition of the teenager as fully capable.
- make small household transactions that do not require notarization and state registration;
- dispose of their earnings, scholarships and other income;
- exercise the rights of the author of a work of science, literature or art, invention, etc.;
- make deposits in credit institutions and dispose of them.
- Photocopies of all pages of the passport and its original.
- Application for .
- Copy and original TIN.
- Receipt of payment of state duty.
- Application for inclusion in the simplified taxation system.
- 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.
- 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.
- 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.
make small household transactions that do not require notarization and state registration;
dispose of their earnings, scholarships and other income;
exercise the rights of the author of a work of science, literature or art, invention, etc.;
make deposits in credit institutions and dispose of them.
He can make all other transactions with the written consent of the parents, adoptive parents or trustees. From the age of 14, the child is already independently financially responsible for the transactions that he makes.
For minors under the age of 14, almost all transactions are made on their behalf by parents, adoptive parents and guardians (Article 28 of the Civil Code of the Russian Federation). They also bear property liability for the transactions of a minor citizen and for the harm caused by the child. A child can only manage pocket money, make small household transactions and gratuitous transactions aimed at obtaining benefits.
Thus, a citizen can engage in entrepreneurial activities from the age of 18, from the moment of acquiring full legal capacity. However, there is an exception here. A minor (under the age of 18) acquires full legal capacity from the moment of marriage. Article 13 of the Family Code of the Russian Federation sets the age of marriage at 18, but if there are valid reasons, persons over the age of 16 are allowed to marry. Consequently, a 16-year-old teenager who has entered into marriage becomes fully capable.
In addition, a minor who has reached the age of 16 may be declared fully capable if he:
works under an employment contract, including a contract;
is engaged in entrepreneurial activities.
A 16-year-old teenager is declared fully capable (emancipation) is made:
by decision of the guardianship and guardianship authorities with the consent of both parents (adoptive parents, guardian);
by a court decision, if the parents do not give their consent to the recognition of the teenager as fully capable.
A citizen from the moment of birth until his death has legal capacity, that is, the ability to have civil rights and bear obligations. The content of legal capacity also includes the right to engage in entrepreneurial activity (Article 18 of the Civil Code of the Russian Federation).
Can a person from birth engage in entrepreneurial activity? Of course not. From birth to 18 years of age, that is, until his majority, a citizen is incapacitated, that is, he cannot acquire and exercise his civil rights, create civil duties for himself and fulfill them.
For minors under the age of 14, almost all transactions are made on their behalf by parents, adoptive parents and guardians (Article 28 of the Civil Code of the Russian Federation). They also bear property liability for the transactions of a minor citizen and for the harm caused by the child. A child can only manage pocket money, make small household transactions and gratuitous transactions aimed at obtaining benefits.
Thus, a citizen can engage in entrepreneurial activities from the age of 18, from the moment of acquiring full legal capacity. However, there is an exception here. A minor (under the age of 18) acquires full legal capacity from the moment of marriage. Article 13 of the Family Code of the Russian Federation sets the age of marriage at 18, but if there are valid reasons, persons over the age of 16 are allowed to marry. Consequently, a 16-year-old teenager who has entered into marriage becomes fully capable.
In addition, a minor who has reached the age of 16 may be declared fully capable if he:
A 16-year-old teenager is declared fully capable (emancipation) is made:
From the age of 14 to 18, the child has the right to independently:
He can make all other transactions with the written consent of the parents, adoptive parents or trustees. From the age of 14, the child is already independently financially responsible for the transactions that he makes.
Thus, on the basis of the written consent of the parents, certified by a notary, a teenager can be engaged in individual entrepreneurial activity from the age of 14.
According to the law of the Russian Federation, any citizen of the country who is legally capable, has reached the age of majority and does not have active injunctions on transactions of any level has the right to engage in entrepreneurial activity.
But in order to start running your own business, you do not need to wait for the age of majority, because according to Article 27 of the Civil Code of the Russian Federation, a citizen of the country who has reached the age of 16 has the right to work, and therefore manage a business, but with the consent of guardians or parents.
In some regions of our country, it is possible to carry out labor activity earlier - already at the age of 14. Consider the nuances of obtaining an IP and the features of doing business before reaching the age of majority.
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 for:
To obtain an IP, you must be registered and live at the address where the individual enterprise will be registered.
You can get all the documents for IP in a week. If you do not visit the IFTS office, then all documentation will be sent to the post office at the address of residence, which is indicated in the passport.
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:
At the request of the parents or guardian, the legal capacity of a young citizen can be both limited and expanded with written permission.
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:
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:
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 on the beginning of official work in the company. May also be suitable for recognition of legal capacity judicial opinion.
Upon reaching the age of majority, no permits for emancipation are required, because in this case the citizen automatically becomes capable.
What to open - LLC or IP
In order to decide what to open - - 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.
In case of non-payment of taxes by a Limited Liability Company, there are risks of being criminally punished; for tax evasion in the case of an individual entrepreneur, the punishment will be only administrative.
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.
