Q: I need to know how to open a business checking account for my LLC, in my unique situation.
So I'm 15 years old and I live in Maryland. I have started an LLC for my soon to open T Shirt business that I'm starting. I formed it as a single member LLC and got my Articles of organization, EIN and all that stuff. My next step was to get a business checking account but I just learned that I can't because I'm not 18, and my parents can't co sign since they dont have any ownership of the LLC. Adding my parents to the LLC is a last resort because of lack of legal knowhow to do so, money, and tax difficulties. Is there anyway I could open an account without all that? What should I do? Thanks.
A:
You are correct. You have to be 18 years of age or older to open your own bank account without your parent's authorized as joint account holders. To my knowledge, there are no loopholes to this requirement. To put it simply, there is no way around this without adding your parents to your business in some shape or form. You will want to consider, adding one or both of your parents to the LLC as a member of the LLC. That will shift the LLC from a single-member LLC to a multi-member LLC and, yes cause potentially changes in tax obligations. You may also want to consider changing your operating agreement to add one or both of your parents as a manager of your LLC (as opposed to a member). This provides them with limited authority and they would be able to enter into agreements on behalf of the LLC. Although the bank will still want to know who owns the LLC, some banks may be willing to accept joint-occupancy of the account if your parent is at least a manager. I don't suggest you embark on making either of these changes on your own. Obtaining legal advice or counsel is just a part of running your own business. However, there are several low-cost or free legal clinics that you may want to check out, that may be able to assist you at a very low rate or free of charge. I am listing a few here.
https://www.mdlab.org/free-legal-clinics/
https://probonomd.org/for-legal-help/
https://www.law.gwu.edu/small-business-community-economic-development-clinic
Alternatively, you may consider signing up for a PayPal Business Account, CashApp Business account or other financial services platform that is not "officially a bank". I am not sure if the rules are any less stringent, and you may still need your parent's assistance with these platforms, but it is certainly worth looking into as an alternative.
Good luck with your T-shirt Business!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.