Can a minor in NJ own an LLC?

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I am 15 and would like to form an LLC as I fix computers and electronics for extra money and would like to expand. Is it legal for me to be the sole member of an LLC, assuming I submit take care of all forms, taxes, etc. correctly?

Attorney Answers

4
Brian Wayson ·
No, you cannot. As contracts you enter into, etc. likely would be void at your whim due to your minor status. It is legal for a 15 year-old to sign a contract. The contract is also enforceable in all 50 states. The question then becomes one of validity and voidability. On the first point, depending on the age of the child, the contract can be held to be invalid due to disability of age and consent. However, the key point in minors signing contracts is the voidability of the instrument. While the minor has the right to enforce the contract against the maker, they also hold the right to void such a contract. So, it's enforcability rests with the minor. An example is below: You are 15 and see a car you want. You sign a finance contract and take the car home. Once there your parents tell you no, explain why it would not be in your best interest and you agree, taking the car back to the dealer. Under law, the dealer must take the car back and void the contract. OR, you are 15, see a car you like and sign the finance contract, make all payments, enjoy the vehicle for a few months and get a call from the dealer telling you that the car must be returned because you're too young to have signed the contract.You tell the dealer no deal. You do not wish to void the contract. Under law you can enforce the terms of the contract.
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Martin Bearg ·
While Brian's response is on point, the bottom line is that until such time as you attain the age of 18, you cannot form any business entity or enter into contracts. Your parent(s) can form the entity and create two types of shares/membership units (a) voting, which they own, and (b) nonvoting, to which all revenue will be allocated, thereby passing all revenue to you. Being only 15, you cannot drive, so I do not know how you do your job without the assistance of a driver, utilization of the ability to reach a computer through the Internet, or people bringing their computers/electronics to you. You should not form an LLC on your own as it is more complicated than you think. If you think this was a good answer, please so indicate. If your parent wishes to discuss this, I can be reached at 973-994-9080. (My cousins live in Manalapan and I am in Ocean Twp. most weekends.)
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Peter Browne GarveyEstate Planning AttorneySomers Point, NJ ·
I agree with my colleagues, however, it strikes me that you would consider running what may be a somewhat limited business through a business entity. LLC's are typically used to insulate an individual from liability.
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Barry Gartenberg ·
Your question is far more intriguing than my colleagues suggest. I have not seen case law on point, but consider the following: (1) LLC interests are generally regarded as personal property; (2) in most jurisdictions, minors (a.k.a., infants) can own and hold personal property; (3) most, if not all, LLC statutes define member as a "person" having been admitted as a member to the LLC and define "person" to include individuals, but, at the same time, are silent as to whether "individual" means only an individual being of the age of majority; and (4) while it is true that a minor may void a contract with an adult, the contracting party in your business transactions would be the LLC, and not you. In the world of corporations, at least one court has held that an infant (i.e., minor) may acquire and own shares of stock in a corporation. McDowell v. Rees, 122 S.W.2d 839 (Tenn. App. 1938). Some statutes suggest that, while minors may own stock, they may not be able to vote their shares. The issue merits more research. Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents. IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
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