At what age can you start a company?
Verified 03 February 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
A minor aged between 16 and 18 years may form a company under certain conditions. They vary depending on whether the minor is emancipated, i.e. subject to parental authority, or not. The minor may, in some cases, be solely associated with a business and not a manager.
Minor aged 16-18
The minor must comply with the following 3 conditions:
- At least 16 years old
- Have permission from 2 parents
- Create a business with a unique partner
Need for parental authorization
This authorization shall take the following form:
- Let's say one written statement signed by the parents and the minor (if one or both parents have died, the authorization is given by the legal administrator or the guardianship judge)
- Either an act notarial
She has to detail the administrative acts allowed to the minor.
The perimeter of authorized acts can therefore be very restricted. These acts correspond to the creation and day-to-day management of the company (such as opening a bank account, signing insurance contracts).
However, certain acts, such as buying a business or taking out a bank loan (these are called acts of disposition) shall be prohibited to the non-emancipated minor. They may be performed only by the minor's parents or by his or her legal administrator (in particular the guardian or the family council).
Creating a One-Person business
The minor may create a one-person business, that is, one of the following businesses:
- Either a sole-partner business (LLC), i.e. a single-member company with limited liability (EURL: titleContent)
- Either a single partner simplified share business (SAS), i.e. a SASU: titleContent
These are the only two permitted company types.
Please note
Individual business A minor cannot set up a micro-company.
The unemancipated minor may exercise the following activities:
- Certain agricultural activities (such as domestic animal husbandry)
- Some artisanal activities (IT convenience store, florist, etc.)
- Certain liberal professions (Internet professions, trainers, etc.)
The minor may not engage in several types of activity:
- Activities that need to be trader : the minor cannot be registered in his own name in the Trade and businesses Register (RCS). To do this, you must be major.
- Activities requiring diplomas or regulated by special regulations. Examples of such activities are: transport (taxi, VTC), banking, insurance, tobacco delivery, etc.
Emancipated minor
The emancipation of minors (which must be 16 years old) takes place
- on a decision of the guardianship judge at the request of his or her parents
- or, in the case of guardianship of the minor, by decision of the family council.
When the minor is emancipated, he may, from the age of 16:
- Individual business Create a new
- Create a business and become a partner
The emancipated minor must have the status of trader in the following cases:
- Individual business Creating a business
- Creating some business shapes: CNS: titleContent,SCS: titleContent, SCA: titleContent
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Individual business Creating a
The emancipated miner may set up an artisanal company or a liberal company.
To create a business company, it must have the status of trader.
To be a trader, he must obtain an authorization:
- Either the guardianship judge, at the time of the emancipation decision
- The President of the Judicial Tribunal if he makes this request after having been enfranchised
Creating a business
The emancipated minor, can create a business (for example, a SARL: titleContent or a LOCK: titleContent). He thus becomes associated with this business.
However, it must have the status of trader to create certain business shapes. This is the case for the following businesses:
- Business in collective nameCNS: titleContent
- single sponsorship business SCS: titleContent
To be a trader, an emancipated minor must obtain an authorization:
- Either the guardianship judge, at the time of the emancipation decision
- The President of the Judicial Tribunal if he makes this request after having been enfranchised.
- Commercial Code: Article L121-2Merchant status of the emancipated minor
- Civil Code: Article 413-1 to 413-8Emancipation of the minor
- Civil Code: Articles 388 to 388-2Management of a company by a minor (Article 388-1-2: g)
- Empowerment of a minorService-Public.fr