Legal Question in Business Law in Massachusetts

Minors Owning/Operating Business

Can someone please tell me the legality of/guidelines of a minor owning/operating their own business? Would it be seen in the eyes of the law as no more than a Lemonade Stand or would there be certain licences/permits I would have to get? I am 16 years old, but thuroughly aquainted with Business Operations and am capable of operating my own business at this time. I would just like to know if there are any special measures I must take before beginning operation. Thanks.


Asked on 1/07/05, 9:25 pm

1 Answer from Attorneys

Tom Flynn Law Offices of Thomas V. Flynn

Re: Minors Owning/Operating Business

Your ability to operate a business on your own of any scale in Massachusetts would pretty much be limited until you are 18 (the age of majority). While there are exceptions to the age of majority - for example car insurance, ability to own property in certain cases, bank accounts - there are two major hindrances to you operating a business of scale - your ability to contract with other parties and the amount of time you are legally allowed to work.

If you are really serious, your best alternative would be to set up shop with an adult - an older sibling, parent, guardian - who could then hire you under the applicable employment of minors laws. You and this adult, could incorporate with a trust (in your name) holding a controlling number of shares of the company for you, when you turn 18 you could then take operational control of the company.

The other alternative is to go the "lemonade stand route" until you are 18.

Hope this helps.

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Answered on 1/10/05, 8:49 am


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