Buying a Small Business, Company or LLC in New York

Your business acquisition attorney is not only your legal expert, but also will facilitate the business purchase process. Your business lawyer will coordinate the processes, interface with all the players, and move the business transaction along, culminating in a successful closing. As your legal expert, your business lawyer will conduct the legal due diligence, negotiate, draft and review the necessary legal documents… [Read more]

Tags: Business Checklist, Business Merger, Contracts, Nondisclosure

Do I Need a Business Lawyer?

When do I need to hire a corporate attorney for my business? Some scenarios are obvious — you should call a criminal or corporate attorney when you’re being investigated by government officials for tax or securities fraud, when an employee is injured on the job or when a customer is injured by one of your… [Read More]

Tags: Business Merger, Business Trade Secret, Due Diligence, Employee, Operating Agreement, Partnership

How to Conduct Due Diligence for a Merger or Purchase of a Business or LLC

Regardless of whether you are buying a business as an asset purchase, a stock purchase, or a merger, you (and/or your corporate attorney) must conduct due diligence on the target company.  Due diligence involves an in-depth investigation of the business.  It requires review of a lot of documents by your corporate attorney and a review… [Read More]

Tags: Business Checklist, Business Merger, Due Diligence, Licenses, New York business attorney, NY business lawyer, Operating Agreement

How Do I Form a Limited Liability Company in New York?

Organizers form an LLC in New York by filing the Articles of Organization, pursuant to Section 203 of the New York Limited Liability Company Law, with the Department of State. Organizers prepare, sign and file the Articles of Organization that creates the LLC. Any person or business entity may be an organizer (it does not… [Read More]

Tags: Business Links, Business LLC, New York business attorney, NY business lawyer, NY State

Negotiating the Terms of the Deal — Buying or Selling an LLC or Small Business In New York

After you have found your target New York business to acquire, you (and/or your corporate attorney) have to negotiate the terms of the business purchase transaction.  In this article I will outline some of the typical terms of a term sheet for the purchase of a small business and some of the things you need… [Read More]

Tags: Business Checklist, Business Merger, New York business attorney, NY business lawyer

Do You Need an Operating Agreement for Your Small Business LLC? Here is my LLC Operating Agreement Checklist.

As you may know, a “corporate kit” includes a pre-made form of limited liability company operating agreement.  There is no telling how complete these are and whether or not they were prepared by a corporate attorney.  Certainly an off-the-shelf operating agreement is not customized for your needs.  I recommend having a New York Small Business… [Read More]

Tags: Business Checklist, New York business attorney, NY business lawyer, Operating Agreement

Forming or Buying a Small Business in New York? Links To Start and Grow Your Small Business.

Is the name that you have in mind for your startup company available to use? Need to find out whether shares of stock or personal assets of a person or company have liens filed against it? Need to find out if tax warrants have been filed in New York? Need to know about the various taxes applicable to New York businesses and [...] [Read more]

Tags: Business Links, Business Tax, NY State

Why Choose a Limited Liability Company (LLC) over a Corporation For Your Small Business?

An LLC  combines the limited liability advantages of a corporation with the control and tax advantages of a partnership.  You can elect to have your LLC taxed as a corporation, or you can elect to have it be a “pass through” entity (taxed like a partnership – the LLC’s income and losses are reported on… [Read More]

Tags: Business LLC, Business Tax, New York business attorney, NY business lawyer

What are the benefits of having an LLC?

A New York Limited Liability Company  has the following benefits: Liability Protection Like a Corporation. New York LLC members are generally protected from personal liability for debts and claims of the business. This means that if the business can’t pay a creditor or gets sued, the creditor cannot legally come after the member’s personal assets… [Read More]

Tags: Business LLC, Business Tax, Convert, Operating Agreement, Partnership

Starting an LLC or a Business in New York? Here is my Business Startup Checklist

As a corporate attorney, I am frequently asked for a checklist of items to consider when starting a business.  Here is a “10,000 foot” overview of what needs to get done in starting or buying a large or small business in New York: Choose Your Business Structure What type of structure is right for your… [Read More]

Tags: Business Checklist, Business Links, Business Tax, Operating Agreement