Can a minor be associated with a business?

Verified 19 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

One emancipated minor can become associated with a business under certain conditions. A non-emancipated minor may also become a partner but remains under the authority of his parents or under the guardianship.

Emancipated minor

How does a minor obtain emancipation?

An emancipated minor is legally assimilated to an adult. Emancipation is possible from the age of 16 and is achieved in one of the following ways:

  • Through marriage
  • On the decision of the guardianship judge, either at the request of the parent or parents of the minor or at the request of the family council
In what types of businesses can a minor be associated?

A minor may freely be associated in a business in which the partners do not have the status of trader. Consequently, an emancipated minor may become a partner of a SA: titleContent, a SARL: titleContent, of LOCK: titleContent or limited partner in a SCS: titleContent, a SCA: titleContent or a SCI: titleContent.

What are the types of businesses in which the associated minor must be a trader?

The emancipated minor must have the status of a trader to be associated with a CNS: titleContent or general partner in a SCS: titleContent or a SCA: titleContent. It's called “commercial capacity”.

Minors may obtain authorization to trade:

  • Either the guardianship judge, at the time of the emancipation decision
  • The President of the Court of Justice if he has already been enfranchised
Who shall I contact

Non-emancipated minor

A non-emancipated minor is either under the authority of his parents or one of his parents (this is called legal administration) or under the guardianship system.

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Minor under legal administration

In what businesses can the minor be associated?

The minor may be associated with a business in which the members do not have the status of trader.

This is the case for the following businesses:

  • Partner of SARL: titleContent
  • Partner of SA: titleContent
  • Partner of LOCK: titleContent
  • Partner of SCI: titleContent
  • Partner Sponsor of SCS: titleContent
  • Partner Sponsor of SCA: titleContent

However, he cannot act personally. The shares are subscribed in his name by his legal representative (his parents). When parental authority is exercised by both parents, they both have the legal administration of their child.

Warning  

The non-emancipated minor may not have the status of trader. It cannot therefore be associated with a CNS: titleContent or general partner in a SCS: titleContent or a SCA: titleContent.

How does the miner become a partner?

The members of a business make contributions in return for which they receive shares or shares. These contributions may be made by the minor either by cash either or nature.

The cash contribution is the payment of money when a business is created. The minor thus becomes a partner or shareholder of the business.

It is the parents (who are both legal administrators of their child) who make the contribution on behalf of the minor. If the parents do not agree, it is up to the guardianship judge to authorize this contribution.

If only one of the parents exercises parental authority, he may act alone without prior authorization from the judge.

On the other hand, if the amount of the contribution has only a minor impact on the minor's property and his or her way of life, the agreement of only one of the two parents is sufficient.

The contribution in kind can have one of the following forms:

  • Contribution of real estate or goodwill : The contribution must be authorized by the guardianship judge.
  • Provision of financial instruments (actions, obligations, etc.): any significant contribution to the assets of the minor or any significant alteration of his or her rights must be authorized in advance by the guardianship judge. In other cases, the contribution may be made by the parent(s) without prior authorization from the guardianship judge.
  • Provision of other goods (precious objects, shares, everyday moveable goods, etc.): the parents must agree together. If, on the other hand, the impact on the content or value of the minor's assets or on his or her lifestyle is small, the agreement of a single parent is sufficient. If the parents do not agree, then it will be up to the guardianship judge to authorize the contribution. Where only one of the parents has parental authority, he may make the contribution without the prior authorization of the judge.

FYI  

In many cases, the guardianship judge decides on the basis of an expert's report.

Minor under guardianship

The minor may be placed under the guardianship in any of the following cases:

  • He has no father or mother.
  • His two parents died.
  • His parents are subject to a withdrawal of parental authority.
In what businesses can the minor be associated?

The minor under guardianship may become a partner of a business in which the members do not have the status of trader.

This is the case for the following situations:

  • Partner of SARL: titleContent
  • Partner of SA: titleContent
  • Partner of LOCK: titleContent
  • Partner of SCI: titleContent
  • Partner Sponsor of SCS: titleContent
  • Partner Sponsor of SCA: titleContent

However, he cannot act personally.

The shares are subscribed in his name by his guardian.

Warning  

The minor under guardianship cannot have the status of a trader. It cannot therefore be associated with a CNS: titleContent or general partner in a SCS: titleContent or a SCA: titleContent (which require merchant status)

How does the miner become a partner?

The members of a business make contributions in return for which they receive shares or shares. These contributions may be made by the minor either by cash either or nature.

The cash contribution is the payment of money when a business is created. The minor thus becomes a partner or shareholder of the business.

The guardian must seek the advice of the family council before making a cash contribution on behalf of the minor. Where the amount of the contribution is less than or equal to €50,000, the authorization of the guardianship judge may replace that of the family council.

The contribution in kind can have one of the following forms:

  • Contribution of real estate or goodwill : the guardian must obtain permission from the family council. If this is not possible, the guardianship judge may authorize the contribution. Such authorization shall be given after an instruction has been carried out by a technician or after the advice of at least two qualified professionals. If the value of the property is less than or equal to €50,000, the authorization of the guardianship judge may replace that of the family council.
  • Provision of financial instruments (stocks, bonds, etc.) . The rules differ according to the type of financial instrument:
    • Provision of financial instruments not admitted to trading on a regulated market: the guardian must seek authorization from the family council. If this is not possible, the guardianship judge may authorize the contribution after an instruction by a technician has been carried out or the opinion of at least two qualified professionals has been obtained. If the value of the property is less than or equal to €50,000, the authorization of the guardianship judge may replace that of the family council.
    • Provision of financial instruments admitted to trading on a regulated market: the guardian must seek authorization from the family council. If this is not possible, he must seek the authorization of the guardianship judge. The guardian may act alone if the contribution does not significantly affect the value of the minor's property, his rights or his way of life.
  • Supply of other goods (precious objects, shares, movable goods of common use, etc.)  : the guardian must seek permission from the family council. If this is not possible, he must seek the authorization of the guardianship judge. The guardian may act alone if the contribution does not significantly affect the value of the minor's property, his rights or his way of life.

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