Minor founders

The article is devoted to the legal capacity of minors aged 14 to 18 to establish corporates and to participate in them. For this purpose, the concepts of entrepreneurial activity and the establishment of a corporate are differentiated, the definition of the concept of "founder" is given. The establishment of a corporate is not an entrepreneurial activity, the creation of corporates by minors is subject to the general rules of civil law on the establishment of corporates, given the fact that one or only founder is a person with relative legal capacity. The establishment of a corporate is a transaction and this action is performed by a minor with the prior consent of legal representatives according to the rules of Art. 26 and Art. 157.1 of the Civil Code of the Russian Federation. The minor also contributes to the activities of the corporate with the consent of legal representatives, but they must first obtain the consent of the guardianship authorities as required by federal law, because this transaction is aimed at alienating the minor’s property. The participation of a minor in a corporate is also subject to the rules on the business ability of minors aged 14 to 18 years, and as in the case of the establishment of a corporate, with the consent of the parents (adoptive parents, trustees). Note that the independent participation of minors who have reached the age of 16 in cooperatives is expressly provided for in art. 26 of the Civil Code of the Russian Federation, as well as federal legislation on cooperatives. The participation of minors in cooperatives may be labor or property, depending on the type of cooperative.

minor, legal capacity, entrepreneurial activity, founder, corporate