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New York Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Business Law for New York on
Q: I have a NY Physical Therapy PLLC. Can I also form a separate NY LLC for coaching to see clients outside of NY?

I formed a PLLC for my physical therapy practice in NY. In the NY state PT practice act it states that licensed PTs cannot engage in unlicensed activities as that might give PTs an advantage over other professionals. Other PTs also provide wellness coaching services to clients outside of where they... View More

Samuil Buschkin
Samuil Buschkin
answered on May 22, 2024

Without having inquired all facts and done proper research in your case, and not making this any form of legal advise, I believe at first glance that if you make it a separate entity and do not commingle with your other entity, there is no prohibition for a licensed professional against engaging in... View More

1 Answer | Asked in Immigration Law, Business Formation and Business Law for New York on
Q: California professional corporation (immigration law firm) can qualify in NY as foreign corporation?

I wanted to start a small immigration firm. I registered a professional corporation in CA which is the state where i am licensed as an attorney. I wanted to open a physical office in NY after obtaining clearance from NY and CA bar as I will be opening an office to practice only immigration which i... View More

James L. Arrasmith
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answered on May 14, 2024

Regarding your questions about qualifying your California professional corporation in New York and the tax implications, here are a few key points:

1. Foreign qualification: Generally, to qualify a foreign professional corporation in New York, you would need to have a New York-licensed...
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1 Answer | Asked in Business Formation and Tax Law for New York on
Q: I started a NY apparel business some years back but never did anything with the business just the formation.

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done, Franchise taxes filed for the business every year. and now want to apply for the certificate of authority/ resale... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there should generally not be any major issues with obtaining a Certificate of Authority (COA) for your New York apparel business, as long as you have maintained the business properly since its formation. Here are a few considerations:

1. Business...
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1 Answer | Asked in Business Formation and Tax Law for New York on
Q: If I started a NY apparel business some years back but never did anything with the business just the formation

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done. I have filed taxes, Franchise & income taxes every year for the business and now want to apply for the... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there shouldn't be any major issues with obtaining a Certificate of Authority (CoA) or resale license for your New York apparel business. Since you have already formed the business, obtained trademarks, secured an EIN, and have been filing taxes... View More

2 Answers | Asked in Tax Law and Business Formation for New York on
Q: I started a NY apparel business some years back but never did anything with the business just the formation.

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done, all taxes filed for the business every year. and now want to apply for the certificate of authority/ resale license... View More

Michael David Siegel
Michael David Siegel
answered on May 13, 2024

Yes, because you would need to pay back franchise taxes for the years you did not do it. It would be easier to start over.

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2 Answers | Asked in Contracts, Business Formation and Business Law for New York on
Q: Can I partially own one LLC(A), as another LLC(B)? The other % of ownership of LLC (A) would be to an individual not LLC

Do i have any problems here? Or is this possible to partially own one company as another LLC ( B ) while still sharing ownership with a single individual of LLC (A)

Gary Lane
Gary Lane
answered on Apr 1, 2024

Yes. Done frequently. Should have no issues.

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1 Answer | Asked in Business Formation for New York on
Q: Good evening, I have a business name registered as a not for profit in NYS. Can I change it to an LLC?

I registered the name in New York State as a not for profit organization. I have not done anything thereafter--all I have is just the name. However, I realize that I would rather have a LLC instead. How can I change the name to a LLC? Or must I come up with another name and register it as an LLC?... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

You say you registered a "name". And, in another place, you call the existing not-for-profit entity an "organization." Even if it were an LLC, you need to form a new LLC since that entity was formed and exists under a special provision of the law. If there were significant... View More

1 Answer | Asked in Business Formation for New York on
Q: Am trying to make a product that includes the use of the BATMAN logo if I do make it and sell it, am I breaking rules?

So I want to start a business and sell a lot of things, but most want to create products using superhero logos from D.C comics and marvel. However am not sure if its okay for me to use it without having to ask permission or without me breaking rules of trademark.

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

You may want to repost this under the "Trademark" heading. Your question is more about intellectual property than "Business Formation," the chosen category. Maybe consider adding the "Copyright" category as well, depending on what you plan to sell. Attorneys in those... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Problematic business partner

Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?

Samuil Buschkin
Samuil Buschkin
answered on Jan 9, 2024

There are several issues that appear to be related to your question: (a) are the partners united or are their interests and positions in some way opposed to one another, (b) is it an LLP or an LLC ? Either way the Partnership Agreement or the Operating Agreement, respectively would need to be... View More

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3 Answers | Asked in Business Law, Tax Law and Business Formation for New York on
Q: I have formed an LLC and now I need to open a PLLC. Can I use the same EIN to form the PLLC.
James L. Arrasmith
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answered on Dec 31, 2023

When you transition from an LLC to a PLLC (Professional Limited Liability Company), it's important to understand the specifics of business entity formation and tax identification. Typically, an LLC and a PLLC are considered separate legal entities, each with its own set of legal and tax... View More

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1 Answer | Asked in Banking, Business Formation and Business Law for New York on
Q: I have a joint account with my son and he fraudulently took 6 thousand from my acc without me knowing.

I got a lawyer and paid off the full amount. I also took my son off the account. I still wish to do business with that bank because I have multiple building and business in that bank. How would this affect my business and my bank relationship. What are my next steps and what will happen?

Jack Mevorach
Jack Mevorach
answered on Dec 2, 2023

I'm not understanding what amount had to be paid off and why. If everything is now straightened out, what would be the issue of continuing with the bank?

Jack

2 Answers | Asked in Business Formation and Business Law for New York on
Q: How should I figure out the best way to set up bookeeping/taxes for my PLLC providing psychotherapy? Too many options!

It took the state a year and a half to process the PLLC paperwork. Meanwhile, to pay the bills, I did contract work (1099) through other businesses. Now that's the bulk of my income. Since that's already taxed, it's hard to know how to set up bookeeping.

James L. Arrasmith
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answered on Nov 4, 2023

When setting up bookkeeping and tax structures for your PLLC providing psychotherapy, it's beneficial to consult with a certified public accountant (CPA) who is experienced with healthcare professionals and small business accounting. They can provide tailored advice on how to integrate your... View More

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: Is there a deadline or timeframe to file an Amended Certificate of Incorporation for a Non Profit in New York State
Damien Matthew Bosco
Damien Matthew Bosco
answered on Oct 12, 2023

There is no deadline to file an amendment.

A not-for-profit corporation may amend its Certificate of Incorporation from time to time by filing a Certificate of Amendment under Section 803 of the Not-for-Profit Corporation Law.

The document may contain any of the information that may...
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2 Answers | Asked in Criminal Law and Business Formation for New York on
Q: Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience?

Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience? All this was said by a person live.

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

Addendum - If the work experience involves certain positions that are strictly regulated by the government and the employment involves the safety and well-being of others (pilots, healthcare workers, commercial mariners, etc.) and the inventing of work experience is along the lines of inventing... View More

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1 Answer | Asked in Estate Planning, Tax Law and Business Formation for New York on
Q: What is the best way for a Trust to own a corporation & can that corporation be an LLC or S corp?
T. Augustus Claus
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answered on Aug 21, 2023

In New York, a trust can own a corporation through strategies such as creating a holding company or a subsidiary structure. In a holding company approach, the trust establishes a corporation that owns shares of another corporation (LLC or S corp). Alternatively, a subsidiary structure involves the... View More

3 Answers | Asked in Business Formation and Business Law for New York on
Q: Do I need to form a PLLC vs an LLC if I am Physical Therapist looking to start my own practice in NY?

I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.

Samuil Buschkin
Samuil Buschkin
answered on Aug 13, 2023

In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with... View More

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2 Answers | Asked in Business Law and Business Formation for New York on
Q: Hello,Volunteers are painting a mural- raising money, and need liability insurance. What type of entity should we be?

A small group of community volunteers have been given permission to paint a mural in the community. The building belongs to a local business and they need us to have some type of liability insurance. To get the insurance (and to smooth out the non profit fundraising), we think we need to be some... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

It could be difficult for anyone here to know what kind of insurance coverage is best, based on the type of business entity you contemplate going with. That's something an insurance agent may be better equipped to advise on. One option might be to reach out to insurance agents to explore... View More

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1 Answer | Asked in Copyright, Business Formation and Business Law for New York on
Q: What process would I have to go through to get permission to use Miller logo on some of my clothing brand designs?
Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

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