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How old does a person have to be to become a member of an LLC? Do they have to be over 18?

San Antonio, TX |

I formed an LLC (Domestic Limited Liability Company) and added my son, who at the time was 17 years old.

Attorney Answers 2


The age of majority for signing contracts is 18 in most states, like Texas. There are five or so states that have a higher age than 18. Because your LLC is a legal business form, you must immediately check with a licensed Texas attorney about whether the subject LLC which was set up with a 17-year-old remains a viable entity.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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At first I thought your son could be a passive member if the LLC was manager-managed. It looks like, however, that only persons with "capacity" can be members of a Texas LLC. The exact language of the statute [TX Business Organizations Code 101.102(a)] is as follows:

"A person may be a member of or acquire a membership interest in a limited liability company unless the person lacks capacity apart from this code."

The age of majority in Texas is 18, however, I couldn't find a definition of "capacity" right off the bat. I am fairly certain (but not positive) that the age of capacity is the same as the age of majority.

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DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel regarding your specific circumstances.

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