QUESTION

Can I, as a minor, start a loaning business? Yes, I''m aware that this whole letter was written completely unprofessionally.

Asked on Jan 09th, 2012 on Business Law - Missouri
More details to this question:
I am 16 and happen to have a large supply of money, I was wondering if it would be at all possible to use this money to start my own loaning business. The plan would just be to get a lawyer to write a legal document stating that ''said person'' would pay me back ''X'' amount of money before a certain date. The loans would be no less than $50, and there would be a 30 to 60 day time period to pay the loan back(not decided yet). I would take a deposit from each person asking for a loan, a minimum of 20 dollars. If ''said person'' refuses to pay back the loan and fees then I keep the deposit and take legal action to get my money back. I would also have a fee for using my services, maybe 10 dollars for every 50 dollars loaned and 5 dollars added for every 25. So if someone need a loan of $125, there would be a fee of $25. So in short, I want to know if this would be possible, after getting this document that every customer would be required to sign, to get this service available to other minors.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, minors cannot enter into legally binding contracts. So, that's your first problem. Your second problem is that the proposed terms of the loans violate state usury laws in your state and most other states. There are possibly severe consequences to engaging in usurious lending, including forfeiture of loan principal and interest, civil and criminal penalties. See an attorney if you are serious about pursuing such a business. You may be able to solve both problems by appropriate restructuring. Of course, lending to minors will still be problematic.
Answered on Jan 09th, 2012 at 7:29 AM

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