As a New York corporate attorney and tech startup lawyer, I am frequently asked for a checklist of items to consider when starting a business. Here is a checklist of my 6 steps to starting a business outlining some of the things that need to get done in starting or buying a large or small…
Deciding what legal entity in which you buy and hold your real estate is important. You should to consult with your financial and tax advisors along with your New York real estate attorney to figure out the right legal entity. You should consider, among other things, the type investment property (is it undeveloped land, commercial…
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…
When do I need to hire a corporate attorney for my business? Some scenarios are obvious — you should call a criminal defense or civil litigation 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…
Regardless of whether you are buying a business as an asset purchase, a division purchase, a company stock purchase, or a corporate merger, you (and/or your corporate attorney) must conduct due diligence on the target company or corporate division. Due diligence involves an in-depth investigation of the business. It requires review of a lot of…
Some business activities require licenses or permits from New York state and/or local governments. To find out what licenses and permits may be required in New York, you can visit…
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…
What is the difference between a NY PLLC vs. an LLC? One or more professionals may form, or cause to be formed, a professional service limited liability company (PLLC) in New York for profit for the purpose of rendering the professional service or services that the professionals are authorized to practice. A PLLC is formed…
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…
The Internal Revenue Code (IRC) allows an LLC to elect its tax status for income tax purposes. You should consult your financial or tax adviser about these “check-the-box” regulations and any changes. For income tax purposes, New York State law follows federal law. Additionally, New York state law (and certain other states’ laws) imposes a…
