Requirements for Minors
The legal requirements for minor entrepreneurs are clearly defined. Parental consent forms the foundation for starting a business. This must be in writing and signed by the legal guardians.
Legal requirements: What does Swiss law say?
In Switzerland, the Civil Code (ZGB) regulates the rights and obligations of minors. According to Swiss law, minors are deemed to have limited legal capacity. Legal capacity within the meaning of the ZGB requires the combination of capacity of judgment (Art. 16 ZGB) and majority age (Art. 13 ZGB). Since minors have not yet reached the age of majority, they can only make certain legally binding decisions with the consent of their parents or legal representatives. This consent ensures that business operations are secured within the framework of legal regulations and minors are protected from obligations. Nevertheless, there are clear paths to starting a company:
Sole proprietorship: Minors are allowed to start a sole proprietorship if their parents give written consent. In this case, the young entrepreneur is personally liable for all liabilities.
Corporations (LLC or stock corporation): Here, an adult person is required to assume the position of managing director or member of the board of directors. Minors can still be founders of an LLC or stock corporation, however, as entry in the commercial register and the subscription of share capital or stock capital can be made possible by parental consent or a legal representative. This allows minors to become active as entrepreneurs, even if they are not allowed to assume the management.
Important legal foundations can be found in Art. 19 and 304 ZGB, which regulate limited legal capacity and parental consent. These provisions ensure that minors remain protected, while at the same time allowing them to be entrepreneurially active under certain conditions.
Guide to Starting a Business for Under 18-Year-Olds
Starting a company as a minor requires a well-thought-out and carefully planned process.
Before starting the company, important legal aspects must be clarified:
Involvement of the parents from the very beginning
Review of the legal capacity
Clarification of parental consent for business activities
Clarification of who will act as managing director or member of the board of directors in the company
A detailed discussion with the legal guardians is essential. They must not only give their consent, but should also be actively involved in the planning process. Legal advice helps to meet all necessary requirements and to identify potential stumbling blocks early on
Health and Social Insurances for Minors
Anyone who is young and motivated and wants to start their own company should not only think about the business idea - the topic of social insurances is also central. This also applies if you are still a minor.
Registration with the AHV compensation fund
As soon as you earn a regular income as a self-employed person, you are obliged to register with the AHV compensation fund. This notification is crucial so that you are correctly recorded as a self-employed entrepreneur. Up to an annual income of CHF 10'100 you have to pay the minimum contribution. For self-employed persons in part-time employment, the contribution payment is initially voluntary, depending on the amount of your income - from a monthly income of CHF 2'500 there is an obligation.
These insurances directly affect you:
AHV (Old-Age and Survivors' Insurance)
IV (Invalidity Insurance)
EO (Loss of Earnings Compensation)
The obligation to contribute begins on January 1 following your 17th birthday. The amount of your contributions depends on the annual income from your entrepreneurial activity.
Health insurance – individual instead of "family insurance"
In Switzerland: Every person needs their own health insurance, including children and adolescents. There is no family insurance in the legal sense as in other countries. Although the insurance is often taken out by the parents, each child is legally insured independently. Many health insurance companies offer reduced premiums for children and young adults up to the age of 25.
Accident insurance - take it out yourself
If you are self-employed, you are not insured through an employer. Therefore, it is recommended to take out accident insurance yourself - ideally with coverage for occupational and non-occupational accidents. This is particularly important in manual or physically active industries.
Conclusion: Opportunities and Challenges as a Young Entrepreneur under 18
Starting a business under the age of 18 offers unique opportunities for personal and professional development:
Opportunities:
Starting a business early promotes practical experience and entrepreneurial skills. Young people develop skills in project management, customer service and financial planning. An early professional network and the unbiased view of young entrepreneurs enable innovative solutions for existing business models.
Challenges to consider:
The legal complexity of minority requires careful consideration and support from legal guardians. Young entrepreneurs must balance school and business tasks. Limited financial resources require careful planning. Parental support is legally and practically crucial for success.
The path of becoming a young entrepreneur requires careful planning and a realistic assessment of one's own opportunities. With the right preparation and professional support, this step can be the foundation for a successful entrepreneurial future.
