Originally posted by Bcrary3 Unfortunately I am not legally able to sign any contracts in that sort (as I am a minor-- 16) with very limited resources, If I were to go to someplace such as say.. Legalzoom.com and sign up for say an LLC would that be sufficient enough or would I need to go through the city/county or state?
I don't have much knowledge in the ways of business but I would imagine that you'd have to get a legal adult to form the business and sign all papers. You would probably be counted as an employee.
Legal Zoom will be fine, they deal with all 50 states as far as setting up LLCs. However, do you realize that setting up an LLC will cost you probably a few hundred dollars? For GA, where I live, the quote I got from Legal Zoom was $287. Also, because an LLC is a separate legal entity (but obviously not a sentient lifeform), you must appoint a registered agent. This registered agent effectively is the person that people will contact if they need to contact the LLC regarding legal issues or whatever, and needs to be available during normal business hours. You, the prospective LLC owner, can be your own registered agent but your address will be in the public database and you will receive all the unsolicited junk mail at your home address. There are companies out there who will act as registered agent on behalf of your LLC for a yearly cost, most are $99+. LLCs themselves also have an annual fee that the state collects. In GA it's $50.
An LLC also needs to have an IRS employer ID number (EIN). The fee for obtaining one is a one-time fee of $100.
You don't
need to be an LLC in order to do business. You could just be a sole proprietorship (well, if you were 18+) which is less expensive but in return does not offer as much legal protection.
If you're going to be setting up a home studio, you will probably want your parents to have umbrella coverage on their homeowner's insurance. Someone could be injured while in your studio and hold you personally liable, regardless of whether or not you have an LLC. Not sure how much it costs to add umbrella coverage. I got a quote for business liability insurance the other day and it was something like $350 a year.
I'm really not trying to stop you from doing this, but you need to be careful to follow the laws, you need to carefully weigh your risks, and you need to be aware of the realities of the cost of doing business (even a small side business).
EDIT:
Also, about business names. I'm not sure about the laws of your jurisdiction, but since you're a minor, things are slightly complicated when it comes to business names. Typically for a sole proprietorship, the official name of the business would be the legal name of the owner. Let's say you are Bob Crary, and your dad is Ezekiel Crary. If your dad was the actual business owner, the business name is Ezekiel Crary, and I believe you can call it something else like Ezekiel Crary Photography, as long as the title contains the legal name and isn't too ornate. However, if you wanted the business to be called Bob Crary Photography while your dad was the owner, you'd have to file for a trade name / fictitious name / DBA (Doing Business As). I don't believe you can advertise your business as a name that it's not (and I think this would include business cards and website). Of course, if you're going to get an LLC, I believe you can set a business name while you're at it. I am not a lawyer (IANAL) though, and there are plenty of more seasoned businessmen on this forum who will tell you more (or make corrections for anything wrong that I've said).