can a 17 year old be a company director?

LH2011

can a 17 year old be a company director? ( 18 in 4 mths).

iMax

I would imagine for legal reasons you'd have to be 18 (at least) to be a director, but you could probably be a sole trader

LH2011

i have searched the cro.ie but cannot find any mention of age on the site,

i found this link http://www.formacompany.ie/en/company-directors/age-of-directors

TheCostumeShop.ie: Ronan

Legally you must be over the age of 18 to be a company director I'm afraid.

TylerIE

I was a director at 16 without the CRO popping up errors.

A solicitor of a community company advised me otherwise but CRO had accepted me for another company!

I had a google there and seemingly directors should be over 18 - Citizens Information,

This suggests that the requirement may be recent....

Age limit for Directors

It is anticipated that the Bill will introduce a requirement that a director must have attained the age of 18 years before he or she can be appointed as director and any person acting as a director below that age will cease to become a Director following the enactment of the Bill. A similar rule will apply in relation to a Company Secretary. No upper age limit is to be imposed.

The CRO make no mention of age on the page about directors requirements....

So perhaps best to ring the CRO and get it straight from the horses mouth?

An acquaintance who set up a company shortly after me used his mother as second director, depending on your familial situation it may be best to do that.

Also if your thinking of going to college next year and/or availing of Maintenance Grant I would be wary of a directorship (including your mother having one) potentially seriously impacting your eligibility

LH2011

i had a read through the company acts, and no where, can i find where minimum age of director is mentioned.



i came upon the following paragraph

• Ireland is not alone in failing to stipulate a minimum age for directors or other officers. Most European countries, including the UK, do not have a minimum age. A number of countries have specified a minimum age, usually 18, such as Australia, Canada, Denmark, Malaysia and Sweden. The majority of countries do not specify a minimum age for company officers. However, those that do usually specify the age of majority. In view of the serious responsibilities and potential liabilities of company directors, the Group considered seeking to fix an age as a minimum age.

from http://www.companieshouse.gov.uk/infoAndGuide/faq/directorsOther.shtml


so it appears, that Ireland has not specified the minimum age of a director in the companies acts.



futher

Under Irish law, there are no set qualifications required to become a director. Caselaw from the late nineteenth and early twentieth centuries suggests that the senile, the illiterate and the innumerate are all eligible to serve as directors. Furthermore, there is no minimum age requirement to serve as a director: according to the Registrar of Companies, in a small number of Irish companies, the directors are under six years old.

taken from : http://lawlib.fusio.net/viewdoc.asp?Docid=131&Catid=18&UserLang=GA&m=


the CRO may discourage it , i guess but I doubt they can stop it, as it is not specified in the acts!

LH2011

TheCostumeShop.ie: Ronan wrote: »

Legally you must be over the age of 18 to be a company director I'm afraid.

it appears that this may be incorrect

mneylon

You can't legally enter into a contract until you are 18, so it's pretty much moot.

(see: http://www.citizensinformation.ie/en/birth_family_relationships/children_s_rights_and_policy/children_and_rights_in_ireland.html )

TylerIE

Blacknight wrote: »

You can't legally enter into a contract until you are 18, so it's pretty much moot.

(see: http://www.citizensinformation.ie/en/birth_family_relationships/children_s_rights_and_policy/children_and_rights_in_ireland.html )

Ye when I was director at 16 that (my age) seemed to (understandably) be a turn off for the banks when it came business loans. However per that link a person of 16 / 17 can undertake certain official functions - obtain a driving licence, pet licence, join the army/navy so perhaps a directorship is acceptable?

Iv also remembered a friend who was a [paper] director for one his fathers companies when in School, but this is also in the early/mid 2000s.

Bigcheeze

Blacknight wrote: »

You can't legally enter into a contract until you are 18, so it's pretty much moot.

(see: http://www.citizensinformation.ie/en/birth_family_relationships/children_s_rights_and_policy/children_and_rights_in_ireland.html )

Nonsense. Under 18's are allowed to work...under an employment CONTRACT! For most, people this is the type cf contract they will sign most often in their lifetime. They can also hold driving licenses and passports, all of which require legal declarations to be made, effectively contracts!

LH2011

lst wrote: »

Ye when I was director at 16 that (my age) seemed to (understandably) be a turn off for the banks when it came business loans. However per that link a person of 16 / 17 can undertake certain official functions - obtain a driving licence, pet licence, join the army/navy so perhaps a directorship is acceptable?

Iv also remembered a friend who was a [paper] director for one his fathers companies when in School, but this is also in the early/mid 2000s.

well the links that i posted earlier, seem to state that Ireland has not set a minimum age for company directors.

also he wont be entering into any contract, the company will, and no bank loans required, as i am providing the required funding as a loan to the company.

LH2011

Blacknight wrote: »

You can't legally enter into a contract until you are 18, so it's pretty much moot.

(see: http://www.citizensinformation.ie/en/birth_family_relationships/children_s_rights_and_policy/children_and_rights_in_ireland.html )

i wouldnt put money on it being moot


"The exception to this is contracts for necessaries and beneficial contracts of service which are in your best interests"

Marcusm

Blacknight wrote: »

You can't legally enter into a contract until you are 18, so it's pretty much moot.

(see: http://www.citizensinformation.ie/en/birth_family_relationships/children_s_rights_and_policy/children_and_rights_in_ireland.html )

I think it's fairer to state that a contract entered into by a minor can't be enforced by him/her. Inter alia, I borrowed money from AIB without a guarantor (in anticipation of a job) at 17. THe other party needs to be cautious as the minor can disclaim the contract but it is not correct to state that the contact can't exist or is invalid, per se.

TylerIE

LH2011 wrote: »

well the links that i posted earlier, seem to state that Ireland has not set a minimum age for company directors.

also he wont be entering into any contract, the company will, and no bank loans required, as i am providing the required funding as a loan to the company.

Hey, Im agreeing with ya! Id say ya can be a director!

Re entering the contract, in our case (as in any where a business loan is being issued) the bank is going to consider the management team, hence why someone U18 was an issue. I understand you were saying ya dont need loans though, so that wouldnt apply!

thecleverone

There is actually no set minimum age requirement for a person to act as a company director as there is currently no legislative provision in this regard. The only obvious constraint is that a Director must sign a consent to act as a Director and must therefore have legal capacity to do so whilst understanding fully the roles and responsibilities of holding that position.

There was mention above of a minimum age limit being introduced and yes, the Draft Companies Consolidation and Reform Bill 2007 contains an explicit provision requiring Directors to be over 18 years of age but this bill is STILL in draft form and is not expected to be completed before 2012.

robinph

LH2011 wrote: »

i came upon the following paragraph

• Ireland is not alone in failing to stipulate a minimum age for directors or other officers. Most European countries, including the UK, do not have a minimum age. A number of countries have specified a minimum age, usually 18, such as Australia, Canada, Denmark, Malaysia and Sweden. The majority of countries do not specify a minimum age for company officers. However, those that do usually specify the age of majority. In view of the serious responsibilities and potential liabilities of company directors, the Group considered seeking to fix an age as a minimum age.

from http://www.companieshouse.gov.uk/infoAndGuide/faq/directorsOther.shtml

You must have been quoting from a different page. Since the 2006 companies act came into force in the UK there is a minimum age of 16 for company directors, and at least one "real" person rather than just corporate directors.