How do I Remove Rogue Member or Manager from My LLC? [video]

Has your business partner, LLC member or LLC manager harmed your business? You are not stuck! There are ways to remove a rogue member or manager from your business, LLC, or partnership (similar to removing a rogue officer or shareholder from a company). Find out more about how we can help you here.    Other… [Read More]

Tags: Business LLC, linkedin, Members, Operating Agreement, Partnership

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

Are There Any Special Responsibilities or Formalities Associated With Forming a New York Limited Liability Company?

According to Section 417 of the New York Limited Liability Company Law, the members of a New York LLC are required to adopt a written operating agreement.  The operating agreement may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization.   The operating agreement is… [Read More]

Tags: Business Links, Business LLC, Contracts, Members, Operating Agreement

How Do You Remove an LLC Member or Manager From Your Small Business?

If a manager or a member of the LLC engages in conduct that harms the LLC, the other members do have standing to bring what is known as a “derivative action” to remove the member or manager from the LLC. Generally, derivative actions are typically brought by a corporate attorney on behalf of the shareholders… [Read More]

Tags: Business LLC, Members, Operating Agreement

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

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