Legal Question in Business Law in Florida

Minors Owning A Business

Would it be legal for five minors to

own and run a business, selling

computer software, in the state of

Florida? If so, how would we go about

obtaining a business license, or other

required licenses/paperwork?


Asked on 6/22/09, 2:28 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Minors Owning A Business

Complex question.

You will need business/occupation licenses, tax registration, and business permits. The exact ones you need depends on the local government - city and county. In Casselberry (the zip code you entered), these are purchased and issued at city hall. I don't find any information for Casselberry, Seminole County, or generally in the state of Florida which puts any age restriction on applying for these licenses and permits, but I can't say that it doesn't exist either.

Contracts by minors are voidable (not void), but usually by the minor. Your sales will be contracts, and if a customer breaches a contract (doesn't pay), I don't know that a minor could sue to enforce the contract. Again, this is questionable.

How your business will be structured is a big legal question, which has nothing to do with being a minor, and has everything to do with you each protecting your rights and assets/profits and establishing and defining your duties to the business and each other. The are several very different types of business entities, and you would need an attorney to evaluate your exact situation in order to make a recommendation as to which one would work for you.

I certainly don't want to quash any young entrepreneurial spirit! But, starting a business between 5 people is a complex proposal with some heavy responsibilities. If you are really serious about it, you need to do it right from the beginning. I suggest that you make an appointment with a lawyer in your town and explain to him/her in detail what you would like to do, and s/he can tell you what services they can offer to help you.

I do hope this helps, even though I probably made it more complicated rather than less. Best of luck!!!

Sarah

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Answered on 6/22/09, 4:02 pm


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