First, a correction: Yes, I misspelled Eritrean as “Aritrian” and that was bone-headed (especially since I checked the spelling and decided on a bad source). And for the daily double: Eritrean is inaccurate because Menna was born of two Ethiopian parents. This has been corrected in the original and a new policy of full advance review by Mom and Menna should ensure against any repeats (more on the process to come). Sorry folks, I know it’s a touchy subject.

Moving forward, this post aims to cover the first of a three-fer including:

• Legal requirements—business organization, certification requirements, talent agent representation agreement.
• Duties and responsibilities—just like the name says, duties and responsibilities of the agent (me) and principal, the latter of which being somewhat atypical because of the whole agent-to-a-minor deal.
• Principles and ethics—standards to maintain that are above-and-beyond legal requirements and which cover the special needs and goals of Menna and Mom.

Yeah, yeah, I know: not the most fun topics ever. I do think, though, that getting down with the nitty-gritty and not-so-fun is a good indicator of whether a profession is something that will be consistently engaging, right? I mean, if one actually likes the nerd-out, detailed stuff and the fame and glory are gravy, how can it fail to be the thing one loves 5, 10, or 15 years down the road when the big dividends accrue?

In the ‘what more do you want from me?’ department, let’s note that these are blog posts not treatises, so comprehensiveness should not be expected. Accuracy should be expected, though, and I am all-in for comments from readers who spot errors or feel something important was omitted.

Business Organization

An LLC is a fast and relatively easy way to get started with a business. These are the steps for a domestic LLC provided over at  D.C.’s government website:

• File Articles of Organization to register a limited liability company in DC. Many limited liability corporations work with an attorney to develop the Articles of Incorporation.
• Choose a registered agent, a person who will serve as the point of contact between your business and DC, and complete the Written Consent to Act as Registered Agent.
• Submit the forms and fee to the Department of Consumer and Regulatory Affairs at 941 North Capitol Street, NE, Washington, DC 20002.

With that complete, an Employer Identification Number (EIN) is needed for tax purposes and can be applied for online. This is needed even without employees.

Regarding the articles of organization, the business purpose is reasonably broad. And, for those perfectionists out there, I’ll note that the level of organizational complexity, from business structure to how to obtain a quorum, is relative to the complexity of my business in the near-term; i.e. when things get going, I’ll make adjustments as necessary.

There are books on this topic and I could put a link to Amazon here for a book on forming a business, running a business, etc. but I don’t have any particular recommendations and hey, libraries are free.

Licensing

Living and working in D.C., I’m well apprised of the many levels of bureaucracy—from restriction to requirement, regulator to righteous-naysayer. Thus, quite surprisingly, there is no talent agency license required for representing a child-actor in Virginia, Maryland, or D.C. (See: Agency Licensing Detail at the Association of Talent Agents) There are some requirements for a D.C. sports agent and CA and NY have a heavy dose of standards for talent agents. I will be electing to adhere to standards and principles such as these, but being that I’m not legally obligated, these matters are better treated later under the heading ‘principles and ethics.’

Talent agent representation agreement

Here we get to the real nuts-and-bolts stuff: what will I do and what will I get in return? My primary role is as any agent’s, to procure employment for my client, Menna. In return I will be asking for significantly less than the industry standard. Additionally, and it’s a bit unorthodox, I will be insisting that the bulk of any monies earned after costs go toward a trust or some other vehicle to benefit Menna’s future, possibly a 529 Plan.

Of course, ‘what I will do’ goes well beyond activities directly associated with procuring employment. An agent can wear many hats and this should all be specified in a talent agent representation agreement or addendums thereto. Having a written record of the agreed responsibilities helps avoid confusion and upset clients. And, if there are associate activities—such as managing a client’s image, aka brand-management—that the agent doesn’t think is their job, this should be clear to the client who may well be expecting those services (and if they don’t at the start, they may well learn to). Again, there are some special measures taken for the fact that Menna is a minor and these should be reflected in the representation agreement.