Starting a business as a minor: is it possible?

Whether you are a minor (between 16 and 18 years old), older than a minor, or simply passionate about self-employment, do you know how a young person under 18 can start their own business?

The detailed answer is provided in this file, which addresses the questions point by point!

See also : Starting a Business: The Steps

Entrepreneurship from 16 to 18 years old?

Today, the self-employment system is increasingly appealing to young people of all ages. Interested, young people were cooling off anyway… And that’s perfectly normal because in your youth, you are often immersed in studies, and you don’t necessarily have the hindsight and means to undertake. But if you are an entrepreneur at heart, wanting to start early, often as soon as possible, what should you do? Whether it’s to bring a big project to life or simply to earn some pocket money, let’s look at the steps to follow if you are a minor.

The minor must be at least 16 years old to engage in a professional activity as a self-employed person, and between 16 and 18 years old, it is possible for a minor to become self-employed, provided that certain requirements are met, which we will discover together.

Read also : Teambuilding: is it really necessary?

After 18 years old, you will reach the legal age of majority and will be considered an adult in France. This way, you can easily create your own business.

Thus comes the first concept to define and consider: the possibility for a minor to be emancipated…

A emancipated minor What does it mean to be an emancipated minor? is free from parental authority. Once emancipated, they become legally capable, just like an adult, even if they are under 18. All acts of civil life requiring the legal majority are accessible to them. Once emancipated, the minor becomes solely responsible for their actions and deeds. This is a very big responsibility because they then become solely responsible for their debts and can make a purchase, a sale, or even a donation without permission.

If they cause an accident or damage, they are solely responsible.

Should the minor be emancipated to undertake?

Not necessarily: the answer depends on the type of activity the minor wants to engage in. Above all, it is important to keep in mind that a minor will not be able to engage in activities requiring higher education diplomas (unless, of course, they are very early and already graduated).

To properly answer the question of emancipation, let’s distinguish 3 cases:

Minor engaging in a liberal profession
Minor wanting to engage in a craft activity
Minor who wants to become a merchant

1. Minor and liberal profession

An unemancipated minor can become a self-employed entrepreneur to practice a liberal profession.

Liberal profession: any profession practiced on the basis of appropriate qualifications, personally, under their own responsibility, and professionally independent, offering intellectual and conceptual services in the interest of the client and the public.

For minors (requiring a diploma), regulated civil activities are excluded: notary, lawyer, bailiff, auditor, certified accountant, tax advisor, architect, expert, professional journalist, automotive expert, as well as medical and paramedical professions.

Conclusion: if the practice of the liberal profession does not require a diploma, the minor will be able to become a self-employed entrepreneur without being emancipated!

2. Small craft activities

An emancipated minor can become a self-employed entrepreneur to participate in a craft activitylist of craft activities from the. Take the time to discover the Agency France Entrepreneur.

The list includes the collection of nuclear waste, a job we do not recommend. In general, there are not many craft activities suitable for a minor, but there are still some service transactions that may be appropriate, for example:

Repair of computers and communication equipment;
Repair of personal and household goods.
Various administrative services;
Puppet shows,
Poster displays…

Among other things, in the manufacturing trade, we note the production of furniture. Everything, of course, depends on individual taste and abilities, and in any case, the entire list deserves to be read to better understand what is meant by “craft activity”.

Conclusion: To engage in a craft activity as a self-employed entrepreneur, the minor must be emancipated.

3. Minor and commerce

For a long time, a minor, even emancipated, could not engage in a commercial activity, under the old article 121-2 of the Commercial Code. It was therefore impossible to pretend to be an entrepreneur… except now that it is a thing of the past.

Since the enactment of law n° 2010-658 of June 15, 2010, a minor can become a merchant, provided they are emancipated (art. 2 IV and V of the law) and have obtained the consent of a judge.

To become a merchant under 18 as a self-employed person, there is no “automatic” solution, but two possible cases.

The minor submits their emancipation request at the same time as their operator license application. In this case, the juvenile guardianship judge is competent (that is, the judge of the high court where the minor resides or, in case of guardianship, where the guardian resides).
The minor requests permission to become a merchant after the emancipation decision. It will then be up to the President of the High Court of the emancipated minor’s residence to decide whether or not to allow them to be a merchant.

Conclusion: A minor between 16 and 18 years old can declare themselves as an entrepreneur in a commercial activity, provided they are emancipated and legal consent is obtained.

Minor, I become an entrepreneur!

We have discussed the different cases that occur for a minor: liberal profession, craft activity, and finally, commercial activity.

A minor, even if not emancipated, can establish a sole proprietorship since law n° 2010-658 of June 15, 2010 (article 2), which came into effect on January 1, 2011. However, this company cannot take the form of a sole proprietorship with limited liability (EIRL) according to article 389-8 of the Civil Code.

To become a self-employed person, the minor will rely on the Auto Enterprise with Limited Liability (AERL), which combines the simplicity of the self-employed status with the protection of personal assets of the Sole Proprietorship with Limited Liability (EIRL).

However, this freedom is regulated, as an unemancipated minor must obtain the consent of both parents to create a business: the minor must obtain the consent of both parents and legal guardians. With consent given by a private deed or a notarized deed with the list of authorized purchases, the minor will be able to complete all the creation and management formalities in their name. In other words, they will make all decisions related to the management and daily operation of their business.

The independent entrepreneur aged 16 to 18 must indicate which part of their personal effects they intend to allocate to their professional activity. In case of bankruptcy, all the rest of their personal effects will not be affected.

Changing our perspective

France would benefit from changing its vision of business creation, further simplifying the rules and giving serious encouragement to entrepreneurs.

If you are interested in starting businesses today, creating a self-enterprise can be a springboard.

By 2020, the steps will move towards simplicity, and even if you are a minor, you can become a self-employed person. It is still a bit more complicated to create your own business if you are under 18, but if your motivation is real, you can bet that you will succeed. And the first difficulty is meant to protect minors, which is a good thing.

Of course, you cannot achieve your goals right from the start. Of course, you risk crashing! But business is a great opportunity to learn more about others, about the world around us… and about yourself.

The creation process is simple, but managing a business is far from simple. So don’t be mistaken: there will be work, first to generate income and make money, but also to manage and promote your business.

Finally, let’s put it into perspective, as there are only two possible outcomes: it works or it doesn’t work. And if the activity didn’t go as planned, it’s not so bad: you will have tried, and that’s already very positive.