URGENT ADVICE NEEDED- Can a minor sign a legal USA contract?

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nuttybud

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This may sound a little far fetched but its the current situation and I need urgent legal advice.

My 16yo brother has spent months on the internet on some networking/game development project. There a 4ppl (2 american & 1 french). Their plan is to develop the game and release it to some site where you can buy/download it. Apparently all the main networking and graphics have been completed. I just thought he was a computer nerd!

They do not know my brothers age.

Anyway 1 of the guys has set up a company??? :eek: which they had all agreed to. The plans is for them to take a 25% stake in shares. No capital/investment/money has been requested. He has sent over the cert of incorporation, business plan, legal contract & confidentiality agreement. (Im unsure if he has drawn these up himself). There also appears to be a website under construction and it all appears genuine:confused:

He wants him to sign the contract by monday, the others already have. There is a spot for a witness signature which is how I found out about the whole thing!:eek::eek:

Now my brother really really wants to partake and finish the game etc.
Im afraid if he signs and then its not legally binding and the others just take all his hard work?
Is there any ramification to me being a witness?

On the other hand, you hear of all these genius kids making millions
What if this is his big chance......?

help?
 
Exactly! Mrs Simeon (born and bred in New England) assures me that he must be at least 18. Hope there is some other way around it.
 
You might want to try to find a non-minor expert in this field who could evaluate your brother's contribution to this project and try to suss out if it's a runner. Easier said than done, I know. You mention your brother sent over a certificate of incorporation. This might mean that the partners are considering incorporating the co in Ireland, presumably with your brother as a principal.

What's his take on the situation?

Having said all that, have you played the game yourself or asked anyone who plays games to evaluate this product?
 
Cool little brother.

You should really get some commercial legal advice about the documents before signing them.

There may be a way that your parents can sign on his behalf.

Edit to add: I was thinking about this again. You would really have to check what the governing law is going to be for the contract- ie US and if so what state, or whether it is mentioned at all. What you might in fact need would be entertainment law advice- there are plenty of minors out there signing contracts in this area and I'm sure there are precedents. It might for example be necessary to apply to court to get the courts approval of the contract/have the parents appointed what we call in Ireland 'next friend' in order to sign on his behalf. It sounds very complicated and of course it is difficult to know whether it is ever going to be worthwhile to get the advice that he needs. In actual fact I'm sure there have been other minors involved in the computer games area so it might be quite straightforward- he just needs the right advice.
 
Hi Thanks for the suggestions.

The company was incorporated in Atlanta Georgia by one of the americans? It states something about an "S class corporation" or something like that. When I googled it, its to do with the inland revenue and there seems to be a clause specifally stating the shareholders must be US resident?? This may be an oversight on the americans part and everything else seems to split evenly and it specifically states in the "contract" about share amts each.

The contract is basically that they will spend 25hrs per week working on the game in return for shares of the company.

However as the majority of the work has already been done I assume the others will just go ahead anyway. My brother is credited as "networking lead" on the game & company site (still under construction).

The game isnt ready to be played yet so I dont know how viable it is. Of course Im aware that the whole thing could turn to nothing....


Does anyone know if its possible to insert a clause for my parents to sign for him?

Could be exempt from any future issues because he is a minor?

On the other hand, Im thinking just sign it? and see what happens, the guys clearly think he can do it and no-one has asked about age. Maybe he will make the big time!

Could anyone recommend a solictor or someone who could advise?
what do you think?
 
You could try Kean's solicitors. Personally Gerald Kean gets right up my nose if I happen to catch him on tv or radio, but he has a whole bunch of high-profile clients in the sporting and entertainment world so I imagine he's good at what he does. I doubt he's cheap, but it might be worth giving the office a call. Good luck, and I hope your brother does very well out of this.
 
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