A minor as an entrepreneur - is it possible?

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Pursuant to the applicable provisions of the Entrepreneurs' Law, an entrepreneur is a natural person, legal person or an organizational unit that is not a legal person, which is granted legal capacity by a separate act, performing an economic activity. Therefore, the question arises whether a minor as an entrepreneur is an acceptable situation?

A minor as an entrepreneur

To be an entrepreneur, run a business you must:

  • have full legal capacity, i.e. have the right to incur obligations on their own behalf and acquire rights, as well as make effective legal declarations of will, decisions.
  • have administrative and legal capacity as well as administrative and procedural capacity, i.e. the ability to be a party to administrative matters,
  • be able to court, that is, to be a defendant or to sue.

According to Art. 11 of the Civil Code, full legal capacity is acquired upon reaching the age of majority.

Can a minor register a business in CEIDG?

Entry in CEIDG may only be made by a person with legal capacity. Only such a person can perform administrative and legal activities. Entry in the CEIDG is one of the administrative activities - so a minor cannot make an entry in the CEIDG.

When the minor gets the company in an inheritance

In a situation where a minor receives a donation in the form of a right to an enterprise or when, on its behalf, with the consent of the guardianship court, the enterprise is acquired or inherited - cannot continue its activity. The activity of the donor / testator entered in CEIDG is not considered an enterprise, but in accordance with art. 55 of the Civil Code, an organized group of property and non-property components.

Entry in CEIDG may not be inherited by a minor. The subject of the donation or inheritance may only be things and rights with which the activity was conducted (e.g. cars, office equipment, contracts, trademarks, real estate). On the basis of the donation or inheritance certificate, they become the sole property of the minor, but it is not the same as going concern.