Because I was able to set up JKC Media B.V. despite being only 16 years old. And my goal with this article is to provide more young, ambitious entrepreneurs with information about what emancipation entails and what you need to take into account when doing business while you are still a minor.
But before you read on, you really need to consider whether entrepreneurship is right for you.
You may encounter risks while doing business or temporarily lack financial security, and you need to be able to cope with this. In addition, seek sound advice (for example, from the Chamber of Commerce or a lawyer), because a mistake at a young age can have consequences for your (and possibly your parents') financial situation. This is because, if you are under 18, your parents are largely liable for your actions, including your business activities.
Under 16 years of age? Unfortunately, hand lifting is not yet possible.
But don't lose hope! You can start a sole proprietorship as a minor with your parents' permission. For example, I started my first sole proprietorship in graphic design at the age of 13 with my parents' permission. However, you cannot yet apply for emancipation or set up a private limited company.
16 years or older? Hand lifting is possible!
However, the question is whether you really need a power of attorney. If you are planning to start a sole proprietorship, for example, you may be able to settle for your parents' consent and have one of your parents co-sign agreements. Do you want to set up one or more private companies or operate your sole proprietorship completely independently? Then a power of attorney is useful.
How does the application process work?
It starts with sending a petition to your local court, small claims division. The petition must contain at least the following information:
- A copy of your birth certificate (you can request this from the municipality where you were born)
- Why you should apply for manual lifting
- Which rights you request to receive and why (for example: establishing two private limited companies, opening and managing a business account, entering into agreements up to €5,000, etc.)
- That you have permission from your parents or guardians.
There are plenty of sample letters of resignation available on the internet if you don't know how to write a letter yourself.
What happens after I send my petition?
Within a few weeks, you will receive a letter from the court stating that your case will be heard and that you must pay court fees (€80). A few weeks later, you will receive an invitation with the date and time of the hearing. Your parents will also be invited, and you will be given the opportunity to explain your story and plans to the magistrate.
If the magistrate approves your application and grants you release from your duties, you are required to publish this news in one daily newspaper and the magistrate's decision will be posted on the Rechtspraak website (my decision as an example:http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBZWB:2018:3896).
Publication on Rechtspraak is free of charge, but for publication in a daily newspaper, you can expect to pay a minimum of €200.
You have hand relief, now what?
Everything seems easy once you have your disability certificate, but the reality is different. Companies will still reject you (despite your disability certificate) for doing business with you because of your age. It is particularly difficult (even with a disability certificate) to open a business account independently at banks. Some banks accept it, and the banks that already accept it often take a long time to process your request.
Would you like some no-obligation advice on this topic?
I would like to offer young entrepreneurs who are struggling with the issue of emancipation the opportunity to provide advice as an "experienced expert" in this process. Please feel free tocontact me for more information.