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New York Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Tax Law for New York on
Q: What’s the best way to save money on taxes when trying to form an llc or Corp with personal 1099?

Llc or Corp? I have a personal job that pays 1099 what is better for me to form when doing taxes?

David Lacher
David Lacher
answered on Aug 30, 2018

So long as your corporation is an S Corp, there is no real practical difference with respect to taxes between that and an LLC. The profits and losses of the business flow through to your personal tax return in either instance. But there might be other considerations which favor one form of entity... View More

2 Answers | Asked in Business Formation, Business Law and Contracts for New York on
Q: Hello, so so to make a long story short. A few months ago I bought a business (restaurant) and it’s a 3 man partnership.

I’m in New York by the way. Hello, so so to make a long story short. A few months ago I bought a business (restaurant) and it’s a 3 man partnership. I was added on to the LLC. now Can I sell my part of the share without the permission of my other of my other 2 businesses partners? And also my... View More

David Lacher
David Lacher
answered on Aug 27, 2018

The governance of LLCs is determined only partially by state law, but primarily by the LLC Operating Agreement which hopefully your LLC has and hopefully you signed. That agreement should detail both the responsibilities and duties of the officers as well as the options and requirement for... View More

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: Hi, is it possible in US Business Law for directors to apply to make residential address unavailable to public access?

Are there any provisions like Singapore, Australia & UK for company directors to file an alternate contact address, in place of their actual residential address?

Pls advise, thank you.

Michael David Siegel
Michael David Siegel
answered on Aug 27, 2018

A director does not make a public filing except in a public company. So I am unsure why this is an issue.

1 Answer | Asked in Business Formation for New York on
Q: How do I know what type of legal structure is best for my new [catering] business?
Michael David Siegel
Michael David Siegel
answered on Aug 9, 2018

By talking to a lawyer and accountant.

1 Answer | Asked in Business Formation for New York on
Q: LLC INFORMATION

Hello Everyone i just went and file for my LLC what i want to know next is do i need a business license after i receive my LLC or i can just get my E.i.n instead im abit confused also im a single member ill be working alone

Michael David Siegel
Michael David Siegel
answered on Aug 8, 2018

Just get your EIN. Some business require certain licenses, but there is no general business license required if you are a corporation.

1 Answer | Asked in Business Formation for New York on
Q: What constitutes "doing business as"?

Hi. I'm trying to get into real estate investing and am setting up a website in that effort. My County Clerk's website says that if I am conducting business in the county under a name other than my own, I have to file a DBA. Does a website name, though (as well as a Facebook business... View More

Michael David Siegel
Michael David Siegel
answered on Jul 12, 2018

A d/b/a is something you get from the Secretary of State. Doing a real estate business in your own name is not the best plan.

1 Answer | Asked in Contracts, Real Estate Law and Business Formation for New York on
Q: I'm an amateur investor trying to start a company that invests primarily in real estate deals with friends/family funds

The company's main strategy would be buying properties at auction and reselling them at market value. I want to offer friends and associates (not professional investors nor high net-worth individuals) the opportunity to invest $50,000 in my company in return for a 2.5% equity in the company... View More

Elaine Shay
Elaine Shay
answered on Jul 15, 2018

Interesting business plan but what is the question?

1 Answer | Asked in Business Formation for New York on
Q: Does filing a personal bankruptcy affect my ability to launch a business (getting loans, etc.)?
Michael David Siegel
Michael David Siegel
answered on Jul 9, 2018

As loans are governed by credit ratings, and a bankruptcy will appear on your credit report and lower your credit score, the answer is yes.

1 Answer | Asked in Copyright, Business Formation, Business Law and Intellectual Property for New York on
Q: What are the legal steps to start a brand for and copyright the creative works of an artist?

I am an artist. I create paintings, I do customizations, and also design merchandise and apparel related to my art. I want all of these entities of my work to operate under one brand, named after myself, as subsidiaries.

John Espinosa
John Espinosa
answered on Jul 1, 2018

It sounds like you are currently operating as a sole proprietor, where there is no legal separation between you and your business. Your first step might be to form a separate legal entity, such as a single member LLC, with its own tax ID number and bank account for all of your business activities... View More

1 Answer | Asked in Business Formation, Business Law and Employment Discrimination for New York on
Q: Can my business partner threaten me that, when I leave a company I have to pay him back 25% of his investments?

Hi, 

me and my partner we’ve registered c corporation about 2 months ago.

We were developing the website for 8 months, I did the whole work, created the system, had a vision and the most of ideas. He was paying for everything and did nothing. I was working for his other company... View More

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2018

It depends on what ever deal you made.

1 Answer | Asked in Business Formation for New York on
Q: What is the first step to forming a business in Canada.
Michael David Siegel
Michael David Siegel
answered on Jun 18, 2018

Calling a Canadian lawyer.

1 Answer | Asked in Business Formation for New York on
Q: In New York state if your attorney drops you as a client are you still obilgated to pay them for services rendered
Michael David Siegel
Michael David Siegel
answered on May 23, 2018

It depends on your retainer arrangement.

1 Answer | Asked in Business Formation for New York on
Q: I created a LLC but never actually started the business, am I still required to pay the Biennial statement amount?

The company I paid for business training turned out to be a scam.

Michael David Siegel
Michael David Siegel
answered on May 20, 2018

No. Your LLC will just be deactivated by the Secretary of State. If you got a tax ID number, make sure to void it with the IRS and New York State.

1 Answer | Asked in Business Formation for New York on
Q: Can my families 40 yr DBA be signed over to me even though I would be changing type of business?

My family has had DBA soul prop.for 40 years. It was to be signed over to me end of June. No longer makes sense for it to stay same type of business. my mom Is emotionally unstable and liar. She is claiming she cannot sign corp over to me. She must end it. That it can't be signed over to me to... View More

Michael David Siegel
Michael David Siegel
answered on May 13, 2018

It can be assigned to you, but there needs to be a formal assignment. You have no inherent right to it.

1 Answer | Asked in Business Formation for New York on
Q: What happens if I discover I've named my business something that already exists? Does that mean I can't register for a

business without changing the name?

Michael David Siegel
Michael David Siegel
answered on Apr 7, 2018

It depends. Try and register and see what happens. If New York State accepts it, you are OK on registration. Then, there might be a trademark issue.

1 Answer | Asked in Business Formation for New York on
Q: If a sole proprietor uses a virtual address for their online coaching business is their home free from liability?
Michael David Siegel
Michael David Siegel
answered on Mar 1, 2018

No asset is free from liability if a judgment is entered against someone personally.

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for New York on
Q: I developed an APP, Website for a client with shares. Client refuses to cooperate to original contract, need legal doc.

My Corporation signed agreement with client to pay fraction of actual cost for an app, website, etc...by providing Corporation 15% partnership. Client failed to fulfill the obligation in many ways, and offered to buy me out. I need a letter that does the following:

1) After payment is... View More

Inna Fershteyn
Inna Fershteyn
answered on Jan 18, 2018

I don’t see a question here it seems that you need to hire an attorney to represent you, am I correct?

Feel free to call

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235...
View More

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Im looking to start a photography popup in nyc, do i need any permits?

its a art exhibit with a photographer on site,

Edit Stelczner
PREMIUM
Edit Stelczner
answered on Dec 20, 2017

If you are planning to actually film or take photographs then you should check out this site for information on when you need a permit- https://www1.nyc.gov/site/mome/permits/permits.page. If - by referring to a popup- you are planning to start a retail business then you need to possibly form an... View More

1 Answer | Asked in Business Law and Business Formation for New York on
Q: Can two sole proprietors (not married) operate under a single Certificate of Assumed Name without becoming partners?
Michael David Siegel
Michael David Siegel
answered on Dec 12, 2017

Partnerships can be formal, or implied. Under your scenario, I think partnership is implied. Set up a corporation and do a shareholder agreement to express what your issue is.

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