From what age can a company be created?

Verified 13 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

A minor can start a company from the age of 16. According to who he is emancipated or not, their rights are different.

Minor 16 years of age or older

To create a company, the minor must respect the 3 conditions following:

  • Be at least 16 years old
  • Have the authorization of its legal director(s) to carry out the acts of administration alone
  • Creating a Single Associate business

Minimum age of the minor

An unemancipated minor must have at least 16 years to create a company.

Authorization of the statutory directors to carry out administrative acts

This is the permission given by the parents or the guardian or the family council.

Such authorization shall take one of the following forms:

  • Either of one written declaration signed by parents and minor.
  • Either one notarial act

The authorization shall detail the acts of administration which the minor can accomplish alone. This includes opening a bank account or signing insurance contracts

The acts of disposition are prohibited to the unemancipated minor. They may be carried out only by the parents of the minor or by the guardian with the authorization of the guardianship judge. This includes the purchase or sale of a business or the subscription of a bank loan.

Creating a Single Associate business

Minor can only create a Single Associate business.

Alone the following legal forms of business are permitted:

  • Single-person limited liability company (EURL), i.e. a SARL with a single partner
  • Single-member simplified joint stock company (SASU), i.e. a single-member SAS

These are the only two types of businesses permitted. Therefore, a minor cannot create a {circumflex over (EI)}, including a micro-company.

Please note

If the minor is under guardianship, authorization to set up a company is given by the family council.

For more information, you can refer to the sheets concerning the operating rules of the EURL and the SASU.

An unemancipated minor may exercise activities that do not require a specific professional qualification or diploma. These include, for example:

  • Some agricultural activities: domestic animal breeder, etc.
  • Some craft activities: computer convenience store, florist, etc.
  • Some liberal professions: internet professions, trainers, etc.

Where the pursuit of an activity requires special training or diploma, the non-emancipated minor must comply with them. In practice, this will deprived of many regulated activities.

Example :

The minor may not engage in the activity of a public accountant because he must hold a diploma in accounting (DEC) which is obtained after having obtained the Higher Diploma in Accounting and Management (DSCG). This diploma corresponds to the master's degree (i.e. a bac+5).

A minor not emancipated may not carry out activities requiring to be shopkeeper .

To register as a trader in the Trade and businesses Register (RCS) and the National Register of companies (RNE), you must be major or emancipated minor with a license to trade.

Emancipated minor

The emancipation of a minor who is 16 years of age is obtained in one of the following ways:

  • Automatically by the marriage
  • By decision of guardianship judge : either at the request of his or her parents, or at the request of the guardian or family council .

To obtain emancipation, parents or guardian (or family council) fill out a request for emancipation and address it to the guardianship judge of the court of justice.

The competent court is the court of the place of habitual residence of the minor or the domicile of the legal representative (parents, guardian).

Who shall I contact

Please note

The minor must be 16 years old (i.e 16 years and 1 day) so that the request can be made.

A minor emancipated may, from the age of 16:

  • Create a {tilde over (EI)}. The emancipated minor may be an individual entrepreneur, including micro-entrepreneur unlike an unemancipated minor. He can practice as a craftsman or liberal if he meets the specific conditions of diploma or professional qualification. On the other hand, to be a trader, he must have obtained authorization to carry on a commercial activity. This authorization is obtained from the guardianship judge at the time of the emancipation decision or from the president of the court if the minor has already been emancipated.
  • Create a business and become a partner a commercial business (LLC, SA, SAS) or limited partner of a SCS or a SCA.

Warning  

The partners of a CNS and general partners of a SCS or a SCA, must have the status of trader. The emancipated minor must have obtained permission to be a trader.

To be a trader, an emancipated minor must meet all of the following conditions:

  • Have the ability to trade : it corresponds to the legal capacity to perform acts of commerce obtained by majority (i.e. at the age of 18). When the minor is emancipated, he may be a trader if he obtains a judicial authorization to trade in one of the following ways:
    • Either the guardianship judge, at the time of the emancipation decision
    • Either of the president of the judicial tribunal if he has already been emancipated
  • Perform acts of commerce repeatedly and habitually in the course of his profession
  • Not to carry out certain incompatible activities with a commercial activity (e.g. lawyer, accountant or notary)
  • Not having been convicted a prohibition on the practice of a commercial profession.

The acts considered as acts of commerce are as follows:

  • Purchase of a movable or immovable property with the intention of reselling it and making a profit. For example, buying resale of raw materials, goods (such as clothing)
  • Intermediary transactions for the purchase, subscription or sale of real estate, goodwill, shares or units of real estate businesses (real estate agents, brokers, commissionaires, etc.)
  • Services: transport, banking, etc.
  • Supply activity, i.e. supply of goods or performance of services for a certain period (electricity, internet subscription contract, etc.).
  • Manufacture, commission, transport by land or water
  • Debt collection, travel agencies, private detectives
  • Public auctions

The person who performs one or more of these acts must do so in a continue and regular to be considered a trader. Signing a commercial bond does not qualify as a merchant if it is an isolated act.

Where the minor has obtained the status of trader, he may engage in a commercial activity in - (EI), including micro-entrepreneur, or be associated with a CNS, or be a general partner of a SCS or a SCA .

For more information on the status of merchant, refer to the fact sheet: Who can become a trader?.

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