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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 sold back business in 2020 with a non compete for 5 years. I’m in a situation where I would like to start another one

Would starting a new business in the same field violate my non compete? And if so, what is the penalty?

Michael David Siegel
Michael David Siegel answered on Aug 6, 2021

First, no one could answer this without seeing the terms of your agreement. Second, even if you had a solid defense, another issue is whether your old company would sue you in any event.

1 Answer | Asked in Contracts and Business Formation for New York on
Q: Can I open my llc (I am a psychotherapist) in New York with a P.O. Box address from UPS?

I am a licensed LCSW. I want to start a private practice. I am trying to form an LLC for my business. Can I use the postal address that UPS provided me (which is a street address) as my address for starting this LLC, or do I need a physical address? I will not be conducting in-person therapy,... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 3, 2021

What most people do is use the physical address of the UPS Store, and call your box number your "suite". Just work it out with the owner to put that mail in your box.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Small Claims for New York on
Q: Good morning can anyone assist me on getting my 2020 taxes return from my accountant I can’t reach her she’s not reply

She has been doing my taxes for a few years now i call and text her about my situation ,but she doesn’t answer me , she move her office out east in Long Island New York , I’m trying to buy a house and I need my taxes information from her to get my Mortgage qualify

Michael David Siegel
Michael David Siegel answered on Jul 2, 2021

You can report her to the State licensing board, and see if they can help. You can order your return or a transcript of it from the IRS.

1 Answer | Asked in Contracts and Business Formation for New York on
Q: I was given a business. The business does not charge for services. The clients sign up on the website for service.

I need to make sure the contract is legally binding and I am becoming owner of said business.

I am on SSI & SSDI as my income.

The business is strictly a website type business.

Tim Akpinar
Tim Akpinar answered on Jun 17, 2021

I'm sorry your question remains open for two weeks. The format here is usually quick general questions, which is why it could be difficult to get a response to review a contract. You could use the "Find-a-Lawyer" tab above to reach out to attorneys or search independently online.... Read more »

1 Answer | Asked in Business Formation for New York on
Q: I am interested in starting an e-commerce business and I am in Niagara County, NYS.

I am starting an online metaphysical shop selling crystals, incense burners and other merchandise. I’m wondering what forms I need to fill out to create a business name, if I should go sole proprietor or LLC, are there any resellers permits I need? And any other information that might help me.... Read more »

Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

It appears that you are going to start your own business. Answers to many, if not most, of our preliminary questions can be found online. Your entrepreneurial commitment may require a good amount of your time for research and verification of information.

4 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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1 Answer | Asked in Contracts and Business Formation for New York on
Q: Hi there, I would like to know if it's possible for a lawyer to take on my case. I am a TLC driver for Uber

And I haven't been able to work for 5 weeks now due to a criminal background check that is in a constant pending status. They say due the the scale back with the courts due to the pandemic. But I need answers as to when this will be resolved as it's my livelihood

John Kiritsis
John Kiritsis answered on Nov 28, 2020

Hi,

Have you considered contacting the Legal Aide Office or New York City Bar Association Lawyer Referral Service Program? Those are two sources where you may be able to get in depth free legal consultation. The NYSBA may also be a useful resource.

This sounds like something our...
Read more »

1 Answer | Asked in Products Liability, Tax Law, Business Formation and Business Law for New York on
Q: I'm from NYC. I am starting an e-commerce business. Could I get an LLC in Wisconsin? What are the pros and cons?
John Kiritsis
John Kiritsis answered on Nov 28, 2020

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my kids..kids will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: I want to start promoting my business but I dont want anyone in the nation to take my business name. How would I protect
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck

Tim Akpinar

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Is the operation agreement of an LLC binding if no one has signed it? And can you then vote a member out if it isn't?

There are three members in the LLC, of which no one ever signed the operating agreement. It was formed to handle business for a podcast. One member left the podcast has left, and he wants to keep the LLC since he paid for the legal fees associated with the formation of the business. The two other... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Aug 3, 2020

Greetings, it appears your LLC is having a member dispute. Member disputes are common in LLCs, indeed in any type of group venture. Member disputes must be resolved for the sake of the business. If the business is being driven to the ground because of the dispute however then dissolution may be... Read more »

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1 Answer | Asked in Real Estate Law and Business Formation for New York on
Q: My landlord is Evicting me I wrote a letter stating I would be out on this date but I can’t move out now

Do I still have to move out on that day or dose that peice of paper we wrote and signed mean nothing because it wasn’t notarize and I haven’t been evicted yet

Elaine Shay
Elaine Shay answered on Jul 9, 2020

Whether or not the agreement you made was notarized is not what protects you in this instance. Instead, Gov. Cuomo's moratorium on evictions in connection with the COVID-19 crisis provides you with protections. See Executive Order 202.28. In addition, the landlord still needs a judgment of... Read more »

1 Answer | Asked in Business Formation for New York on
Q: hi i saw online that your law firms has a title on a property that im interested , is the property still available??
Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

This isn't a law firm. It's only a question and answer board. If you saw something on the website of a law firm, you would need to contact the firm about it. Good luck

Tim Akpinar

2 Answers | Asked in Business Formation and Business Law for New York on
Q: Should I form my own LLC or Operate under my Father?

My Dad is in MI, and is the owner of a trucking LLC. The authority though is out of Service. Since he already has the LLC and he is open to me brokering freight under the business name, I figured it would eliminate a step for me forming a new LLC. Doing some research on that however is creating... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 4, 2020

If you want to operate a foreign (out of state) LLC in New York you need to domesticate (register) it in New York. Many of the same requirements apply to registering foreign LLC's in New York as they do to forming new ones. Whether it is wise to take over his LLC is dependent on too many... Read more »

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: I want to start an LLC but make sure nobody can capitalize off my likeness or name, how can I do that?

Can someone contact me via email and what benefits come with an LLC ? Can I have a credit card dedicated to these purchases?

Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

You are talking about something outside the ordinary corporation law issues that arise in the creation of a business entity. You could repost your question in the Trademark and Intellectual Property sections. There's no guarantee that every question is picked up, but the attorneys who are... Read more »

1 Answer | Asked in Business Formation for New York on
Q: What kind of business license should I apply for if I want to run an e-commerce online store .

I am creating a brand that will be trademarked , these items will be sold on said website . I should note domain name and trademarked brand name are not the same

Gregory Byrnes
Gregory Byrnes answered on Apr 8, 2020

It depends on the product you are selling, whether you are storing it, and to where it is being sold, but generally you do not need a license for e-commerce in New York. However, you should review the sales tax aspects of the transactions (Most sales applications can handle this for you) or the... Read more »

1 Answer | Asked in Business Formation for New York on
Q: Do I need to register a DBA as a sole proprietor if my business name includes my first name?

I want to sell jewelry online and I am a bit confused in regards to needing a dba or not since I would start out as a sole proprietor.

Michael David Siegel
Michael David Siegel answered on Apr 6, 2020

You did not say what you are doing. You do not "need" to do it but it will protect your name. Depending on the business, you may need to put your name on invoices and contracts if you have no formal "DBA". Given the modest cost I would recommend filing for the DBA.

2 Answers | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
Read more »

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1 Answer | Asked in Business Formation and Trademark for New York on
Q: Can I start an advertising agency call Spock Media or would that be illegal due to trademark restrictions?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use.... Read more »

1 Answer | Asked in Business Formation and Mergers & Acquisitions for New York on
Q: Created an S-corp last year in NYS when I should have created a professional corporation. Can I acquire the original?

Last year I created an S-corp in NY after the suggestion for tax purposes by an accountant. What I didn't realize was that I needed to be a professional corporation first, and then elect S-corp status because I am a licensed therapist. I have income, bank/credit accounts, and a loan under the... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 31, 2020

I would just start over. I am not sure what you would be merging. What assets are you talking about?

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