Legal Question in Business Law in California

Can a minor in the state of California own an LLC? If not can he be a co-owner of an LLC?


Asked on 9/27/10, 9:12 pm

1 Answer from Attorneys

Jim Betinol Withrow and Betinol Law

No. A minor is held to lack a legal capacity to sign contracts. Therefore a minor lacks the capacity to act as a member of an LLC. This would also make running the LLC difficult because the child would also lack the capacity to enter into the operating agreement, and to contracts for the LLC's behalf.

Overally, having a child as the owner of an LLC or co-owner of an LLC is problematic. Also, if you decide to employ the child there are certain child labor laws that you need to be careful about.

You should contact an attorney to consider your other options.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 10/03/10, 7:26 am


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