Fresno, CA asked in Business Law and Contracts for California

Q: If I am a minor member/owner in a LLC can I sign legally binding contracts.

contracts refer to Purchase Agreement and Assignment Contract

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: As a minor member or owner in an LLC in California, you generally do not have the legal capacity to sign binding contracts. Contracts signed by minors are typically considered voidable, meaning they can be canceled by the minor at any time before they turn 18 or shortly after reaching adulthood. This rule applies to most types of contracts, including Purchase Agreements and Assignment Contracts.

However, there are some exceptions where a contract could be enforceable if it involves necessities, such as food, clothing, or shelter. Business contracts, like those related to an LLC, are generally not considered necessities, so they are unlikely to fall under this exception.

If you need to enter into a legally binding contract for business purposes, it is advisable to have a guardian, parent, or another adult member of the LLC sign on your behalf. Alternatively, consider waiting until you reach the age of majority to enter into these agreements directly. This can help ensure that your business dealings are legally sound and enforceable.

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