Short answer: It depends on the state. The model LLC law written by the Uniform Law Commission sets no minimum age for owners, but each state writes its own LLC law. State law can set a minimum age for the person who files the formation paperwork, and contracts signed by minors are generally voidable. That is why a parent or guardian is usually involved in signing, banking and the tax ID.
This article covers who can hold each role in an LLC, why a minor's signature matters, how the EIN and the bank account work, and what to ask a state filing office or an attorney. It is general education for parents and teen founders, whether the business is lawn care, an online shop or name, image and likeness (NIL) deals.
Can a minor be a member (owner) of an LLC?
The owners of an LLC are called members. The Uniform Limited Liability Company Act, a model law the Uniform Law Commission recommends for adoption in every state, defines a "person" to include an individual and states no minimum age. Under that model act, a person becomes a member as agreed with the company's organizer at formation, or later as the operating agreement provides.
Each state writes its own LLC law, so the model act shows a general pattern, not any one state's rule. Whether a minor can own an LLC in a given state, and who signs for it, varies by state.
Ownership and payment are separate questions. Who pays for the filing does not decide who owns the LLC.
Who can be the organizer or the manager?
The organizer is the person who signs and delivers the formation document to the state. A state can set a minimum age for that role. Oregon's LLC law, for example, says one or more individuals 18 years of age or older, or other entities, may form an LLC, and that organizers need not be members. Under the model act, the organizer and the first member can be different people, and the organizer acts on the member's behalf.
A manager runs the business of a manager-managed LLC. Under the model act, a person does not have to be a member to be a manager. That allows one person to own the LLC and a different person to manage it. Our guide to member-managed vs. manager-managed LLCs explains the two set-ups.
Why does it matter that a minor's contracts are voidable?
In most states, contracts entered into by minors are voidable, because the law presumes a minor lacked the capacity to contract. A voidable contract is valid unless a party with the legal option to reject it does so, and state law may let a minor either affirm or reject the promises in it. The age of majority is 18 in most states and higher in a few.
That rule matters to whoever is on the other side of a deal. A bank, a landlord, a supplier or an NIL sponsor is relying on a signature, and a signature that could later be undone is a risk for them. How the rule applies to a specific agreement, including one signed for an LLC that a minor owns, depends on state law and the contract's terms.
What general arrangements involve an adult?
No single structure fits every family, and which one fits depends on the state and the family's facts. Two general legal tools can involve an adult:
- Adult manager, minor member. Because the model act lets a non-member serve as manager, an LLC can have a parent or other adult as manager while the minor holds the membership interest. Whether a state allows this with a minor member, and how the operating agreement assigns signing authority, are questions for the state and an attorney.
- Interest held by a custodian. The Uniform Transfers to Minors Act, adopted by most states, allows many kinds of property to be given to a minor without a formal trust. A custodian manages the property for the minor until the minor reaches an age set by the state. Whether an LLC interest can be held this way depends on state law and on the LLC's operating agreement.
Who is the responsible party on the EIN application?
An EIN application names a "responsible party": the person who ultimately owns or controls the entity, or who exercises ultimate effective control over it. Unless the applicant is a government entity, the responsible party must be an individual, and the application lists that person's Social Security number or ITIN.
The IRS says a person who can fund an entity or is entitled to its property, but is not authorized to control, manage or direct it, is not a responsible party. Its example is "a minor child beneficiary."
The IRS asks that an LLC be formed with the state before the EIN application. Its online application is for the responsible party or an authorized representative who has the responsible party's SSN or ITIN. If the responsible party changes later, the IRS asks for Form 8822-B within 60 days. LLC Attorney also offers EIN filing for LLCs it forms.
Can an LLC with a minor owner open a bank account?
The bank decides. Federal rules require banks to identify and verify the beneficial owners of a business customer, generally when the business first opens an account with that bank. Beneficial owners include each individual who owns 25% or more of the company and one individual with significant responsibility to control, manage or direct it, such as a managing member. Under that definition, a minor who owns 25% or more is a beneficial owner, and an adult manager may be the person with control.
Each bank sets its own requirements on top of that. Whether a bank opens an account for a business with a minor owner, and who signs, is the bank's decision. No account is guaranteed.
Who can hold each role? A quick table
| Role | What it is | Can a minor usually hold it? | What commonly varies |
|---|---|---|---|
| Member (owner) | Holds the ownership interest | The model act sets no age; state law varies | State law, the operating agreement, custodial options |
| Organizer | Signs and files the formation document | Depends on the state; Oregon requires individuals to be 18 or older | Minimum age; the organizer does not have to be a member |
| Manager | Runs a manager-managed LLC | No single rule; a manager signs for the company, so contract capacity matters | State law and the operating agreement |
| EIN responsible party | The individual who ultimately owns or controls the LLC, for the IRS | Whoever actually controls the LLC; the IRS says a minor who is entitled to its property but has no authority to control it is not one | Who actually controls the company |
| Bank account signer | Signs for the LLC's account | The bank decides | Each bank's own requirements |
What can a family ask the state filing office or an attorney?
State law and the facts decide each of these, so they are questions, not answers:
- Does the state's LLC law set a minimum age for organizers, members or managers?
- Who will appear on the public formation filing? For a minor, who may be listed as owner or organizer varies by state.
- Who signs contracts for the LLC, and does the operating agreement give that person authority?
- Can the minor's interest be held by a custodian or a trust under the state's law?
- What changes for the manager and the EIN responsible party when the minor reaches the age of majority?
- Who will the bank need to identify and verify?
LLC Attorney is a formation and compliance service, not a law firm. Optional attorney consults, fees extra: an attorney consultation is booked with an independent attorney we recommend, and fees are set by that attorney's firm.
Frequently asked questions
It depends on the state and the role. A state can set a minimum age for the organizer who files the paperwork; Oregon, for example, requires individuals to be 18 or older. The model LLC act states no minimum age for members. The age of majority is 18 in most states.
Who pays for the filing does not decide who owns the LLC. Membership is set by agreement at formation and later by the operating agreement. Whether a minor can own an LLC, and who signs as organizer or manager, varies by state.
Under the model act, an LLC can start with more than one member, and those people become members as they agree before formation. State law and the operating agreement then govern who manages and signs.
In most states, 18 is the age of majority, when the general limits on a minor's contracts stop applying. A custodian under the Uniform Transfers to Minors Act manages property until an age set by the state. If the EIN responsible party changes, the IRS asks for Form 8822-B within 60 days. Changes to managers follow the operating agreement and state law.
Not necessarily. Whether an LLC fits depends on the income, the deals and the rules that apply to the athlete. Our guide to NIL LLCs for college and high-school athletes covers when one can help and when it can wait.
Educational information, not legal or tax advice. LLCAttorney.com is not a law firm.
Sources
- Uniform Law Commission, Uniform Limited Liability Company Act (2006, last amended 2013), §§102(15), 201(a), 401, 407(c)(5). https://www.bia.gov/sites/bia.gov/files/assets/as-ia/ieed/bia/pdf/idc1-032743.pdf
- Oregon Revised Statutes 63.044, Formation (2025 edition). https://www.oregonlegislature.gov/bills_laws/ors/ors063.html
- Cornell Law School, Legal Information Institute, "Infancy." https://www.law.cornell.edu/wex/infancy
- Cornell LII, "Voidable." https://www.law.cornell.edu/wex/voidable
- Cornell LII, "Age of majority." https://www.law.cornell.edu/wex/age_of_majority
- Cornell LII, "Uniform Transfers to Minors Act." https://www.law.cornell.edu/wex/uniform_transfers_to_minors_act
- IRS, "Responsible parties and nominees" (last reviewed Aug. 22, 2026). https://www.irs.gov/businesses/small-businesses-self-employed/responsible-parties-and-nominees
- IRS, Instructions for Form SS-4 (rev. December 2025). https://www.irs.gov/instructions/iss4
- IRS, "Get an employer identification number" (last reviewed Oct. 16, 2026). https://www.irs.gov/businesses/small-businesses-self-employed/get-an-employer-identification-number
- 31 CFR 1010.230, Beneficial ownership requirements for legal entity customers. https://www.ecfr.gov/current/title-31/subtitle-B/chapter-X/part-1010/subpart-B/section-1010.230
- FinCEN Order FIN-2026-R001, Exceptive relief from the requirement to identify and verify beneficial owners (Feb. 13, 2026). https://www.fincen.gov/system/files/2026-02/FinCEN-Order-CCDExceptiveRelief.pdf
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