Can a minor be associated with a business?

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

A minor may become a partner but remains under the authority of his or her parents or under the guardianship. If he is over 16 years of age and is emancipated , it may also become a partner of a business under certain conditions.

Minor

A non-emancipated minor is either under the authority of both parents or one of their parents (this is referred to as legal administration), or under the guardianship.

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Minor under the authority of his parents (legal administration)

In what businesses can the minor be associated?

The minor may hold shares or shares in certain types of businesses. It can therefore be:

  • Partner of a limited liability company (SARL)
  • Partner of a public limited company (SA)
  • Associate of a simplified share business (SAS)
  • Partner of a real estate civil business (SCI)
  • Partner Sponsor a limited partnership (SCS)
  • Limited partner of a limited partnership (SCA).

Please note

The non-emancipated minor cannot have the status of shopkeeper. Therefore, he cannot be a partner in a partnership (CNS) or general partner in a limited partnership (SCS) or in a limited partnership (SCA).

The non-emancipated minor may be associated but do not vote personally.

The person who exercises the right to vote for the minor depends on the nature of the decision:

  • If the decision concerns a act of disposition , the parent(s) must obtain the authorization of the guardianship judge prior to the vote.
  • If the decision concerns a act of administration, the right to vote is exercised by one of the parents on behalf of the minor partner.

The acts of administration concern the current management, i.e. acts of operation (signing of a lease, maintenance work on a property).

On the other hand, acts of disposition change the content and value of heritage, for the present or the future. These include:

  • Resumption of inputs
  • Amendment of the statutes
  • Extension and dissolution of the group
  • Merger, division, partial transfer of assets
  • Approval of a partner
  • Increase and reduction of capital
  • Change of corporate object
  • Borrowing and security provision
  • Sale of a fixed asset
  • Aggravation of the commitments of the partners.
How does the minor become a partner?

The minor becomes a partner when his parents make a contribution to the share capital of a business. In return for this contribution, the minor receives shares or shares. These shares are therefore subscribed in his name by his parents.

These contributions may be made either in cash or in kind.

The cash contribution:

It is the payment of a sum of money. 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. Where the amount of the contribution has little impact on the minor's assets and way of life, the agreement of only one of the two parents is sufficient.

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

The contribution in kind:

The contribution in kind may take one of the following forms:

  • Contribution of immovable or business : the contribution must in this case be authorized by the guardianship judge.
  • Provision of financial instruments (shares, bonds, etc.): contributions that are significant in relation to the minor's assets 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.
  • Contribution of other goods (precious objects, shares, common movable property, etc.): parents must agree together. On the other hand, if the impact of this contribution on the content or value of the minor's assets or on his way of life is small, the agreement of a single parent is sufficient. If the parents do not agree, then it is up to the guardianship judge to authorize the contribution. Where only one of the parents has parental authority, he or she may make the contribution without the prior authorization of the judge.

In return for this contribution, the minor receives shares or shares.

Quite often, the guardianship judge decides after 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 being stripped of their 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 merchant.

This is the case for the following situations:

  • Partner of a limited liability company (SARL)
  • Partner of a public limited company (SA)
  • Associate of a simplified share business (SAS)
  • Partner of a real estate civil business
  • Partner Sponsor a limited partnership (SCS)
  • Limited partner of a limited partnership (SCA)

Please note

A 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 . Indeed, in these types of businesses, partners must have the status of merchant.

The shares are subscribed in his name by his guardian.

A minor under guardianship may not vote personally. The person who can vote for the minor partner depends on the nature of the decision:

  • If the decision constitutes a act of disposition, the guardian shall vote after obtaining the prior authorization of the family council .
  • When it comes to a act of administrationYes, it's the guardian who votes directly.

The acts of administration concern the current management, i.e. acts of operation (signing of a lease, maintenance work on a property).

On the other hand, acts of disposition change the content and value of heritage, for the present or the future. These include:

  • Resumption of inputs
  • Amendment of the statutes
  • Extension and dissolution of the group
  • Merger, division, partial transfer of assets
  • Approval of a partner
  • Increase and reduction of capital
  • Change of corporate object
  • Borrowing and security provision
  • Sale of a fixed asset
  • Aggravation of the commitments of the partners.
How does the minor become a partner?

The minor becomes a partner when the guardian (after consulting the family council or the guardianship judge) makes a contribution to the share capital of the business. In return for this contribution, the minor receives shares or shares.

These contributions are made either in cash or in kind.

The cash contribution:

It corresponds to the payment of a sum of money when creating a business. The minor thus becomes a partner or shareholder of the business.

The tutor 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:

It can have one of the following forms:

  • Contribution of immovable or business : the guardian must obtain permission from the family council. If this is not possible, the guardianship judge may authorize the contribution. 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 (shares, bonds, etc.) . The rules are different depending on the type of financial instrument:
    • Contribution of financial instruments not admitted to trading on a regulated market: the guardian must request the authorization of the family council. If this is not possible, the guardianship judge may authorize the contribution. 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.
    • Contribution of financial instruments admitted to trading on a regulated market: the guardian must request the authorization of the family council. If this is not possible, the guardianship judge must be authorized. The guardian may act alone if the contribution does not have a significant impact on the value of the minor's assets, rights or way of life.
  • Contribution of other goods (precious objects, shares, movable goods of current use, etc.) : the guardian must seek the permission of the family council. If this is not possible, the guardianship judge must request permission from the guardianship judge. The guardian may act alone if the contribution does not have a significant impact on the value of the minor's assets, rights or way of life.

In return for this contribution, the minor receives shares or shares.

Emancipated minor

An emancipated minor is a minor between the ages of 16 and 18 who has obtained the same rights as an adult.

Emancipation is achieved in one of the following ways:

  • By marriage
  • By decision of the guardianship judge at the request of the parent or parents of the minor or at the request of the family council

To learn more about the request for emancipation, you can consult the factsheet on theemancipation of a minor.

The emancipated minor may become a trader if he obtains a authorization.

This can be obtained in one of the following ways:

  • Either by the guardianship judge : it grants permission to become a trader at the time of the emancipation decision
  • Either by the president of the judicial tribunal : when the minor makes an application after having been emancipated
Who shall I contact

The businesses in which the emancipated minor may be associated differ according to his status:

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Non-commercial minor

One emancipated minor may be freely associated with a business in which the partners do not have the status of merchant.

Therefore, an emancipated minor can become associate a public limited company (SA), a limited liability company (SARL), a simplified share business (SAS), or of a real estate civil business (SCI).

It can also belimited partner in a limited partnership (SCS) or a limited partnership (SCA).

An emancipated minor has the same rights and obligations as an adult. Therefore, he personally exercises the powers he holds as a partner. He can vote at a general meeting, ask questions in writing to the manager, etc.

Minor trader

One emancipated minor may be freely associated with a business in which the partners do not have the status of merchant.

Therefore, an emancipated minor can become associate a public limited company (SA), a limited liability company (SARL), a simplified share business (SAS), or of a real estate civil business (SCI).

It can also belimited partner in a limited partnership (SCS) or a limited partnership (SCA).

When he has the status of trader, the emancipated minor can also be a partner of a partnership (SNC) or general partner in a limited partnership (SCS) or a limited partnership (SCA).

An emancipated minor has the same rights and obligations as an adult. Therefore, he personally exercises the powers he holds as a partner. He can vote at a general meeting, ask questions in writing to the manager, etc.

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