How to open a private enterprise for a minor. How is registration of an individual entrepreneur carried out for minors? A minor citizen can become an individual entrepreneur

According to the law of the Russian Federation, any citizen of the country who is legally competent, has reached the age of majority and does not have active court prohibitions on carrying out transactions of any level has the right to engage in entrepreneurial activity.

But in order to start running your own business, you don’t need to wait until you reach 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 engage in labor activity earlier – as early as 14 years of age. Let's consider the nuances of obtaining an individual entrepreneur and the features of running a business before reaching the age of majority.

Civil capacity

In accordance with the Civil Code of the Russian Federation, a citizen of the country has legal capacity after reaching adulthood. After turning 18, any citizen has the right to conduct business activities, including jointly with other adult citizens of the country.

To obtain an individual entrepreneur at the age of majority, you must personally submit certain documentation to the tax authorities. Here is a list of documents required for:

  1. Photocopies of all pages of the passport and its original.
  2. Application for .
  3. Copy and original TIN.
  4. Receipt for payment of state duty.
  5. Application for inclusion in the simplified taxation system.

To obtain an individual enterprise, you must be registered and live at the address at which the individual enterprise will be registered.

You can receive all documents for individual entrepreneurs in a week. If you do not visit the Federal Tax Service office, then all documentation will be sent by mail to the residential address 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 legal capacity And provide all required documents to the tax authority closest to your place of residence.

Foreigners can engage in business activities without restrictions, with the same rights as citizens of our country.

In some cases, it is necessary to confirm your legal capacity or provide a court decision on emancipation. In this case, it is very important to be registered on the territory of the Russian Federation and live at the specified address. Otherwise, the foreign citizen will be denied receipt of 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 next type of deal:

  1. Use of personal money and scholarships at your own discretion.
  2. Registration of copyrights for all types of works of art, various inventions and discoveries.
  3. Conducting various types of household transactions, without personal gain, with the written permission of guardians or parents.
  4. After reaching 16 years of age, you have the right to join a cooperative.
  5. Owning your own deposit in any bank.

If the parents or guardian wish, the legal capacity of a young citizen can be either limited or expanded thanks to 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 employing him, as well as with 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 a 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 a business before reaching adulthood

In order to obtain an individual entrepreneur under the age of 18, in addition to the above mentioned documents, it is necessary to submit to the tax authorities following documentation:

  • an official decision of a judicial authority on the legal capacity of a minor citizen of the Russian Federation;
  • upon emancipation after marriage, a marriage registration certificate and its photocopy will be required;
  • written permission for emancipation from parents or guardians.

If parents do not want to give permission to open their own individual entrepreneur, this issue can be resolved in court. It should be understood that after opening an individual enterprise, you will be responsible in accordance with the Civil and Tax Codes of the Russian Federation.

Restrictions

Almost everyone over 18 years of age can open their own individual enterprise in Russia: citizens of our country, foreign citizens, stateless persons. But the Civil Code of the Russian Federation mentions certain restrictions:

  1. Employees of state and municipal institutions do not have the right to open their own individual entrepreneurs.
  2. Military personnel of all categories, ranks, and ranks do not have the opportunity to open an individual entrepreneur.
  3. Individuals with limited legal capacity also cannot apply.
  4. Citizens of the country who are registered with drug treatment clinics do not have the right to open their own individual entrepreneur.
  5. Foreigners without registration in the Russian Federation will not be able to register an individual entrepreneur.

Age meaning

The minimum age at which you can open an individual entrepreneur is 14 years old. In this case, it is necessary to obtain a notary certification for the written consent of the parents, and also, together with permission, to submit all the necessary documentation to the tax authorities.

In this case, after 5 working days, you need to visit the tax office again and receive the finished individual entrepreneur in your hands, or wait for the documents to arrive in 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 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 legally competent.

What to open - LLC or individual entrepreneur

In order to decide what to open, you need to study everything nuances, disadvantages and advantages these forms of conducting activities. It should be understood that when opening an LLC you take more risks, 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 failure to pay taxes by a Limited Liability Company, there is a risk of being criminally punished; for tax evasion in the case of an individual entrepreneur, the punishment will only be administrative.

The advantage of an individual enterprise is the possibility of opening it even if you have an official job. In the case of an LLC, this is not possible. For a beginning businessman, it is very important to have a financial cushion with which you can realize your ideas.

At what age can you open an individual entrepreneur or LLC - in this video.

Registering an individual entrepreneur for a minor citizen is a rather interesting question, which has many nuances that are worth considering from several sides; in this topic we will try to explain them and tell how the registration of an individual entrepreneur by a minor citizen occurs.

Required documents.

A citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur (Clause 1, Article 23 of the Civil Code of the Russian Federation). The list of documents that must be submitted when registering an individual entrepreneur is contained in the Federal Law of August 8, 2001.

The list of documents for a minor is almost identical to the list of documents for an adult citizen.

Main documents:

1. application for state registration of an individual as an individual entrepreneur ();

2.copy of the passport of a citizen of the Russian Federation;

3.copy of the TIN assignment certificate, if available.

If you do not have a taxpayer number, then in addition to registering an individual entrepreneur you will need to attach an Application for a TIN. Then the tax office will first register you and assign you a TIN and only then begin to register you as an individual entrepreneur. In this case, the period for registering an individual entrepreneur will increase by 5 days, since this time will be needed to assign a TIN.

4. Receipt for payment of state duty in the amount of 800 rubles.

There are several payment methods:

1.via a bank (a receipt can be generated and printed on the Federal Tax Service website by selecting cash payment method);

2.through the terminal at the tax office (a commission of 50 rubles will be charged for the service);

3.online - also on the Federal Tax Service website, but when generating a receipt you must select a non-cash payment method. But in this case, you must have the Online Banking service connected.

The need to provide additional documents is associated with official confirmation of a person’s legal capacity. Full legal capacity of a citizen according to the Civil Code of the Russian Federation begins at the age of 18. The legal capacity of a person from 14 to 18 years of age is limited. However, this person can make transactions with the written consent of his legal representatives - parents, adoptive parents or guardian. The exceptions are the following actions of a minor without such consent:

1.completion of small household transactions and other transactions provided for in paragraph 2 of Art. 28 Civil Code of the Russian Federation.

2. making deposits in credit organizations and managing them;

4.disposal of your earnings, scholarships and other income;

Additionally, a minor entrepreneur will need one of the following documents:

1.notarized consent of parents, adoptive parents or guardian to carry out business activities by an individual registered as an individual entrepreneur;

2. a copy of the decision of the guardianship and trusteeship authority to declare an individual registered as an individual entrepreneur fully capable;

3. a copy of the court decision declaring an individual registered as an individual entrepreneur fully capable;

4. a copy of the marriage certificate by an individual registered as an individual entrepreneur.

Let's look at each case in more detail.

PARENTAL CONSENT

Must be certified by a notary. The notary knows the form of certification.

NUANCES: The law says “parental consent,” that is, the consent of both. What if the other person’s consent cannot be obtained?

1. Only one parent is indicated on the birth certificate. In this case, you need to attach a notarized copy of the birth certificate, otherwise there may be a refusal - tax officials may decide that the consent of the second parent was simply not obtained.

2. The parent is absent due to death or missingness - attach the appropriate document (death certificate or court decision declaring the person missing).

3. There is a parent, but there is no connection with him. Most likely, registration will be denied because you will not be able to document the consent of the other parent.

DECISION OF GUARDIAN AND CUSTODY AUTHORITIES OR COURT DECISION. It would be advisable to combine them into one group, since this relates to “emancipation”. The only difference is that the decision of the guardianship and trusteeship authorities is made with the consent of the parents, and in the absence of such consent, the decision is made by the court.

NUANCES: You can obtain a decision from the guardianship and trusteeship authorities (court) only if you are already working under an employment contract or are engaged in entrepreneurial activity (Article 27 of the Civil Code of the Russian Federation). In other words, to register as an entrepreneur, you must already be one. Otherwise, the guardianship and trusteeship authorities will simply not emancipate a person who cannot confirm the fact of entrepreneurial activity. If entrepreneurial activity is not working out yet, then it is easier to get a job with a company or entrepreneur on a part-time basis (no more than 4 hours) and bring an employment contract to the guardianship authorities. If you have parental consent, there will be no problems.

MARRIAGE CERTIFICATE.

NUANCES: The general rule for marriage is 18 years of age. But, according to Art. 13 of the RF IC, the age can be reduced to 16 years (in some constituent entities of the Russian Federation - up to 14 years) if there are good reasons. In this case, persons wishing to get married must contact the local government authorities at their place of residence. There is no complete list of valid reasons in the law, but the following can be cited as examples:

Pregnancy of a minor girl or the birth of a child;

Lack of adequate means for raising and caring for a child by a minor mother;

An immediate threat to the life of a minor or a court recognizing him as fully capable, etc.

All these circumstances must also be documented, for example, a certificate of pregnancy, a copy of the court decision recognizing the minor as fully capable (emancipated), etc. But in any case, all this is not a guarantee, since the last word remains with local government bodies (LSG). It is they who determine in each specific case whether to give their consent to the marriage or not. Well, if you appeal an already made decision of the local self-government body, the final word belongs to the court.

Registration of a minor as an individual entrepreneur is possible only on the basis of parental consent, a decision on emancipation, or documents confirming the fact of marriage of this person.

Opening a current account for a minor

A bank account is not required for individual entrepreneurs. Of course, if you really need it, open it, but difficulties may arise here. A current account will be required if you plan to accept non-cash payments from legal entities. persons or other individual entrepreneurs, or pay them by bank transfer. Cash payments between individual entrepreneurs and legal entities cannot exceed 100,000 rubles. under one contract. This means that if you plan to receive more than the specified amount under one contract, you will have to open a current account.

How to open?

It is very rare for banks themselves to open a current account for a minor individual entrepreneur.

You will need notarized parental consent to conclude a settlement and cash service agreement. In this case, the same problem as when registering an individual entrepreneur with the tax office: consent must be obtained only from both parents (in the event of the death or unknown absence of the second parent, the relevant documents are attached).

Parental consent is submitted along with the following documents:

1.notarized certificate of registration with the tax authority (TIN);

2.notarized certificate of state registration of individual entrepreneurs;

3.copy of an extract from the Unified State Register of Individual Entrepreneurs (not older than 1 month!);

4.copy of the notification of the territorial body of the Federal State Statistics Service;

5.copy of passport (main page and page with registration).

NUANCES: Even after opening a current account, each transaction will require the signature of both parents. By the way, it is better to conclude an electronic service agreement and, at the same time, immediately produce digital signatures of the parents (legal representatives) and the minor himself. Otherwise, for each transaction you will have to come to the bank and manually sign each person in the presence of bank employees.

To register as an individual entrepreneur, the following conditions must be met:

  • Availability of full legal capacity status;
  • Coming of age;
  • Absence of court injunctions on the activities of a future individual entrepreneur.

According to paragraph 1 of Art. 21 of the Civil Code of the Russian Federation, a teenager receives the status of legal capacity from the moment he reaches adulthood, that is, from the age of 18. There may be exceptions. We are talking about emancipation, which we will talk about later.

Documents for opening an individual entrepreneur

If you decide to open an individual entrepreneur after reaching your 18th birthday, then you do not need to confirm your legal capacity.

All you need to do is provide the tax service with a package of documents:

  1. Original passport of a citizen of the Russian Federation and photocopies of the document;
  2. Application completed according to;
  3. Certificate – original and copy;
  4. A receipt confirming that you have paid the state fee;
  5. Application for switching to the simplified tax system (if you are switching to the simplified tax system).

If you send documents by mail, then all copies must be certified by a notary. To open an individual entrepreneur, you must have a permanent place of residence. It is at this address that registration will be carried out in accordance with the procedure established by law.

After just 3-5 working days, you can go to the tax service to receive papers for individual entrepreneurs. If for any reason you were unable to receive the documents in person, they will be sent to your permanent address by the postal service.

At what age can a foreigner open a private enterprise?

At what age can a non-resident of the Russian Federation register a business? For citizens of foreign countries, the same age limit for opening an individual entrepreneur applies as for citizens of the Russian Federation. They become legally capable at the age of 18 and can draw up documents.

Emancipation and IP

According to current legislation, a teenager at the age of 14 receives a passport. The term “incomplete legal capacity” is applied specifically to persons from 14 to 17 years of age. They have incomplete rights. And for citizens under 14 years of age, responsibility lies entirely with the persons responsible for them (parents, guardians, adoptive parents).

The issue of emancipation is considered by law in Art. 27 Civil Code. It states that at the age of 16-17 years a citizen is no longer a minor. At this age you may be recognized as legally competent. Let's consider in what cases.

Types of emancipation.

You can receive the status of full legal capacity based on a decision of the guardianship authority. If there is no written consent of parents or guardians, then the issue is resolved in court.

The legislation distinguishes three types of emancipation:

  1. A person who has not reached the age of majority officially works under an employment agreement;
  2. The teenager is engaged in entrepreneurial activity;
  3. The marriage is concluded.

Thus, you can officially register your business in Russia, that is, open an individual entrepreneur, even at the age of 16, provided that, speaking in legal language, emancipation occurs.

However, this simply sounds theoretical. In fact, guardianship authorities are quite reluctant to respond to requests (even at the request of the parents of a future individual entrepreneur) and rarely issue appropriate orders.

As you already understand, it is impossible to open an individual entrepreneur at the age of 14 in our country. But many people want it.

Documents confirming legal capacity.

Thus, in order to register an individual entrepreneur, a 16-17 year old teenager, in addition to the above documents, must provide papers that will confirm his legal capacity:

  • Decision of the guardianship authority or court in connection with employment under a contract or agreement;
  • Marriage certificate;
  • Permission from parents or guardians for a teenager to conduct business activities.

In addition to the originals, you will need copies of documents.

Full legal capacity, if the parents have not given consent, can be proven by you in court. According to the law, the ability to exercise one’s rights provides for the full responsibility of a young businessman both to the state and to creditors. He is responsible to these business entities with his property, which can be recovered in court.

Benefits when opening an individual entrepreneur

Future entrepreneurs are often concerned about the question: does the state provide any benefits to citizens who open individual entrepreneurs? So, tax benefits in the Russian Federation are not provided in this case.

Only persons of the 1st disability group and children with disabilities do not pay a state fee when registering their business. This benefit does not apply to other citizens.

However, beginning businessmen of all ages can still count on subsidies. You may be able to receive a fee waiver. To exercise this right and find out the terms of the subsidy, contact the employment service.

Restrictions on registration of individual entrepreneurs

As mentioned above, its citizens, foreigners and stateless persons can register an individual entrepreneur on the territory of our state.

However, the law identifies cases when opening a business is not possible:

  • Having the status of a military personnel, civil servant or municipal service employee;
  • Confirmed information about incapacity;
  • Staying registered at a drug dispensary;
  • Foreigners or stateless persons unregistered on the territory of the Russian Federation.

Until what age can you open an individual entrepreneur?

The legislation does not establish an upper age limit for registering an individual entrepreneur. .

Conclusion

Nowadays, determined and ambitious young people do not want to work for someone. They prefer to realize their talents through opening their own business.

However, owning a business involves additional responsibility, which is why the question of age restrictions arises. As you can see, registration of individual entrepreneurs in Russia does not place individuals under strict age limits, but limits them only to the presence of legal capacity.

Today it is difficult to surprise anyone with the fact that many people earn their first money in life at an early age. It’s not that rare that a child, in the process of earning money, shows an ability for entrepreneurial activity. It also happens that the organizational and legal form of an individual entrepreneur turns out to be optimal for his chosen method of earning money. And then the question arises - how old should a child be before the tax office accepts his documents for registration, and does not send him for a walk until he grows up.

How old should a future entrepreneur be?

The current legislation of the Russian Federation does not contain direct age restrictions for starting a business. But there is a key condition - a potential individual entrepreneur must be fully capable, and this is directly related to age. Full legal capacity, according to the Constitution of the Russian Federation, occurs when a citizen reaches 18 years of age, that is, the age of majority.

It would seem that this is the end of the question.

But, fortunately for future young entrepreneurs, the law provides for some exceptions in relation to their own business. It is possible to open an individual entrepreneur without waiting until the age of majority if the teenager has a passport and his parents or guardians do not object to him conducting business activities. Options are also possible when he confirms the existence of legal grounds for which this consent is not necessary.

A copy of the Russian internal passport is included in the set of mandatory documents for submission to the inspection of the Federal Tax Service of the Russian Federation (IFNS) for registration of individual entrepreneurs.

A notarized translation of a passport document or identification of a stateless person will also be required from a foreigner or stateless person who has a temporary residence permit or residence permit in Russia.

Other documents, in particular a birth certificate, are not suitable, nor is a foreign passport, which can be obtained even immediately after birth.

A Russian internal passport is required to register an individual entrepreneur, but a foreign passport is not suitable

And internal passports in Russia and many other countries are issued from the age of 14.

This age for a young Russian is also marked by the onset of limited legal capacity. And it means, in particular:

  1. Bearing full responsibility (even criminal) for all your actions.
  2. The right to independently manage the money you earn.
  3. The ability to open bank accounts and debit cards in your name and use them.
  4. Invest the money at your disposal at your own discretion.

From all this it follows that teenagers, upon reaching 14 years of age, have the full responsibility and authority necessary to conduct business.

Registration of an individual entrepreneur before reaching the age of majority

Upon reaching 14 years of age and receiving an internal passport, a teenager can become an individual entrepreneur. But there is one limitation - for this he must have the consent of his parents or other persons who replace them, formalized in the form of a document.

This means that when submitting an application for registration of an individual entrepreneur to the tax office, he must attach additional papers to it, which are not required from an adult applicant.

How to open an individual entrepreneur at 14 years old

For adults who want to become entrepreneurs, the tax office will require the following set of documents:

  1. Completed application for state registration of individual entrepreneurs on a standard form.
  2. A copy of the internal passport (pages with personal data and registration of place of residence).
  3. Receipt of payment of the state fee for registering an individual entrepreneur (in 2018 this is 800 rubles).

In addition to all this, the teenager must provide one of the following documents:

  • notarial consent to conduct business activities from the mother and father, guardians or guardianship authority;
  • a document that confirms that the consent of one of the parents is not required (death certificate, court decision declaring missing, incompetent or deprived of parental rights);
  • marriage certificate if the teenager has already started a family (in some regions where early marriages are approved by local traditions, this is allowed from the age of 14, but in most - only from 16);
  • a court decision on the acquisition of full legal capacity by a minor as a result of emancipation.

Particularly difficult is the case when parents live separately and one of them is alive and well, capable, and not deprived of parental rights, but there is no contact with him and it is not known where to look for him. Alternatively, you can contact the police with a statement to establish his whereabouts. If the search does not produce results, the police will provide a report within the time limits prescribed by law, which can be used as a document at the tax office.

Teenagers can submit documents for registration of individual entrepreneurs online on an equal basis with adults.

Along with adult future businessmen, teenagers, having collected the entire set of necessary documents, can send them to the tax office in three ways:

  1. Take it personally. You will need to first make copies of all papers except the application, and have the originals with you and present them for verification.
  2. Send by registered mail with acknowledgment of delivery and a list of attachments. All documents and the signature on the application must be certified by a notary.
  3. Transfer via the Internet using the service on the website of the Federal Tax Service (FTS) of Russia. The application is filled out online, copies of documents are uploaded in the form of digital photographs or scans.

The finished Unified State Register of Entrepreneurs (USRIP) entry sheet, confirming the state registration of an individual entrepreneur, is issued on the third working day. If desired, you can choose the option of sending them to the applicant’s address by mail. In this case, you will not have to go to the Federal Tax Service, but delivery will take some time - usually from several days to two weeks.

In addition, from April 29, 2018, if you contact the tax authority directly, you can receive a response on state registration by email, rather than on paper.

Is it possible to open an individual entrepreneur at 16 years old?

The age of sixteen has long ceased to have such a fateful significance for a teenager as it did in the past. In the Soviet Union, this age was considered a significant milestone for a number of reasons, in particular:

  1. At this age, citizens of the USSR were issued passports (now at 14 years old).
  2. It was allowed to get a job on a shorter working day.
  3. In exceptional cases, marriage was allowed.
  4. The right to buy tobacco products in stores appeared (now from the age of 18).

Citizens of the USSR, unlike today's Russians, were issued passports at age 16, not 14.

Now all this, except for the opportunity to start a family (and in some regions, marriage, as already noted, is allowed from the age of 14), which allows you to register an individual entrepreneur without the consent of parents or guardians, has lost its relevance.

If the current legislation of the Russian Federation allows you to become an entrepreneur at the age of 14, it means that at 16 it is even more possible.

Restriction of the rights of a minor citizen to dispose of financial resources

When a teenager reaches the age of 14, he, as already noted, automatically receives the right to manage his income, be it a salary, scholarship, pension or other social benefits, etc. And profit from his entrepreneurial activity is no exception.

It is permissible to limit this opportunity for him, as in relation to adults, only by court decision. And he, in turn, is entitled to issue it only when there are grounds for this provided by law.

Courts make such decisions if evidence is presented that a teenager between 14 and 18 years old is abusing alcohol and/or drugs. This may be testimony of witnesses, certificates from a sobering center, drug treatment clinic or other medical institutions, acts drawn up by police officers or representatives of public organizations, acts of suspension from work due to intoxication, etc.

Only a court has the right to restrict a teenager’s right to freely dispose of his or her income.

The procedure for consideration of such cases by courts is prescribed in Art. 284 of the Civil Procedure Code of the Russian Federation.

It stipulates that the following must be present at the hearing:

  • the minor himself, in respect of whom an application for restriction of the right to dispose of money has been filed;
  • prosecutor;
  • the applicant (this can be either the teenager’s parents or guardians or third parties);
  • representatives of guardianship and trusteeship authorities.

And if the law allows holding a court hearing without a prosecutor, then it is impossible to do without a minor whose application is being considered by the court.

In cases where presence in the courtroom may be dangerous for the teenager himself or other participants in the process, there is an option for an off-site hearing in the place where he is being held, for example, a psychiatric hospital, a social service institution or a rehabilitation center.

Parents' fears that a teenager, having gone into business and started making a profit, will not be able to rationally manage the money that has fallen on him, are quite understandable. But the best way to insure yourself on this subject is to take care of your child’s financial literacy in advance.

Financial literacy will be useful in life, regardless of your entrepreneurial abilities.

Here it is appropriate to recall the books of Robert Kiyosaki, in one of which he quotes his “rich dad” on this very topic. For reference to those who are unfamiliar with Kiyosaki’s works: this is what he calls his classmate’s father, who became his financial guru.

In one of his conversations with young Robert, “rich dad” said that it didn’t matter to him what path his own son would choose in life. And if he does not want to continue his father’s business, the tragedy will not happen. But the ability to handle money, which he instilled in both his own child and Robert from a young age, should have been useful no matter who the son ultimately decided to become - a janitor, fireman, salesman, teacher, etc.

So, starting from the age of 14, a teenager has the right, subject to a number of conditions, to engage in entrepreneurial activity. However, the status of an individual entrepreneur implies not only rights, but also responsibilities. For example, pay taxes, submit reports on time, make contributions to extra-budgetary funds regardless of your financial results, comply with laws and rules governing a particular area of ​​activity. And for all this, the young businessman is responsible on an equal basis with his adult colleagues.

A competent person has the right. As a rule, persons who have reached the age of majority have full legal capacity.
Since in the Russian Federation, adulthood is associated with reaching 18 years of age, therefore, only those persons who meet this age limit can apply to open an enterprise. However, there are a number of cases, a list of which is enshrined in civil legislation, when full legal capacity can be obtained up to 18 years of age.

The article provides information about At what age can you register an individual entrepreneur?, and How is registration of an individual entrepreneur carried out for minors?. In addition, you will be able to study in detail the circumstances that serve as the basis for a person to obtain full legal capacity under the age of 18.

The procedure for registering an individual entrepreneur as a minor citizen

Procedure for opening an individual entrepreneur:

  1. collection of documents;

The opening of an individual business is preceded by the procedure for collecting the necessary documents, and in the case of minors, also obtaining full legal capacity.

  1. payment of state duty. At the moment its size is 800 rubles. Remember, the check payment receipt is submitted to the tax office along with other documents, so you should save it;
  2. contacting the tax service with an application in the established form.

After the required materials, including documents confirming the applicant’s full legal capacity and payment of the state duty, have been collected, you should contact the appropriate tax authority located at the place of registration of the individual entrepreneur or the branch of the multifunctional center.

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Standard list of required documents

To register an individual entrepreneur, a minor citizen provides a standard package of documents. The only difference is that he must additionally submit a document confirming the fact that he has received full legal capacity.

List of documents:

  • a corresponding statement in the established format;
  • photocopy of internal passport. According to the legislation of the Russian Federation, you can become the owner of the above-mentioned document no earlier than 14 years old; accordingly, the minimum age from which you can register yourself as an individual entrepreneur is 14 years old. In addition, it is from this age that a person has the right to perform actions the implementation of which is necessary for the implementation of entrepreneurial activity;
  • photocopy of identification code. If the minor does not yet have one, then you need to attach an application to the standard package of documents with a request to assign the applicant a taxpayer number. In this case, the procedure for registering an individual entrepreneur will increase by five days, this period is required to provide a TIN to a minor.
  • a photocopy of the receipt confirming that the state fee has been paid in the required amount.

A minor, in addition to the above documents, provides materials indicating that he has full legal capacity.

Grounds for obtaining full legal capacity before a person reaches 18 years of age

​In accordance with the law, full legal capacity is vested in citizens who are over 18 years of age. However, there are other grounds for obtaining full legal capacity. These include:

  1. marriage. Marriage registration is a legal basis for granting a minor additional rights, including the opening of individual entrepreneurship;
  2. emancipation. By obtaining legal capacity as a result of emancipation, the following is meant: the parents (one of the parents in cases established by law) of a minor are not against the latter receiving full legal capacity and starting to engage in entrepreneurial activities. If the parents refuse to give their consent, the issue can be resolved in court or through the guardianship authorities.

When the consent of one of the parents is sufficient for a minor to obtain full legal capacity:

  • in the event of the death of the mother or father, which is confirmed by the relevant Certificate;
  • the mother or father of the minor is listed among the missing. In this case, you will need to present the corresponding court decision;
  • There is no information about the mother or father on the minor’s birth certificate.

Additional documents confirming the full legal capacity of a minor

What documents confirm the fact that a minor has received full legal capacity, which gives the right to register an individual entrepreneur:

  • consent of the mother and father (one of them) certified by a notary;
  • relevant decision of the judicial authority:
  • decision of the guardianship authorities:
  • Certificate of registration of marriage union.