Lawyers, Answer Questions  & Get Points Log In
New York Business Formation Questions & Answers
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 »

View More Answers

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 »

View More Answers

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?

1 Answer | Asked in Contracts, Copyright and Business Formation for New York on
Q: Chain of title concern for film under LLC

thank you

Michael David Siegel
Michael David Siegel answered on Oct 28, 2019

Why not just change the membership of the LLC to you?

1 Answer | Asked in Business Formation and Business Law for New York on
Q: How do I move an LLC from NY to CA in a process that results in a domestication equivalent.

I am under the impression that New York doesn't allow for domestication, and because it is required in both states it wouldn't be possible as a result. Therefore, my only options would be creating two LLCs, potentially dissolving the original, or creating a foreign entity in CA. However,... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 7, 2019

There would be no reason to do this. It does not impact taxation or operations.

2 Answers | Asked in Business Formation and Contracts for New York on
Q: I make three payments for a contract about cleaning house I nobody told me nothing nobody called me

I don’t know was going on

Michael David Siegel
Michael David Siegel answered on Aug 3, 2019

You can sue for your money back, or file a police complaint for consumer fraud.

View More Answers

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Does a band under an LLC have to file a new LLC (i.e. foreign qualification) in every state they play a concert in?
Michael David Siegel
Michael David Siegel answered on Jul 19, 2019

The short answer is no. But, there are tax issues in each state, and the matter will turn on the manner of payment. The most famous case on this involved the State of New Jersey against Lawrence Taylor the football player. The state sought to recover taxes for each game day in NJ based on his... Read more »

2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on
Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

View More Answers

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Starting a sole proprietor pet sitting business. Do I need a DBA and/or EIN?

I will be operating under a different name than my legal name and will be hiring independent contractors.

Michael David Siegel
Michael David Siegel answered on May 28, 2019

If you are using a name instead of your own, you definitely should have it registered as a DBA. While you do not have to incorporate, if you are hiring people, you should. One is not necessarily an independent contractor just because you say so.

1 Answer | Asked in Business Formation for New York on
Q: Does a private C Corporation have to issue stock?

I have a small company that's registered as a C corp. Does it need to issue stock? If not, am I still considered the main shareholder?

Michael David Siegel
Michael David Siegel answered on May 6, 2019

Someone has to be a shareholder. It is disclosed on the tax return. Thus, your question makes no sense.

1 Answer | Asked in Business Formation for New York on
Q: If someone has a trademark on words. Make It Right in Canada. I have US I company named MIR Contracting can I use it as

A DBA

Griffin Klema
Griffin Klema answered on Mar 26, 2019

You're asking for a registrability opinion (whether you can register your own trademark rights in the U.S.). Much of the answer depends on the DuPont factors that try to answer the question of whether your mark is likely to cause confusion with another registered mark. The simple answer for... Read more »

1 Answer | Asked in Business Formation for New York on
Q: I am a starting film maker. I have 2 movies with their own LLCs . should I form production holding LLC?

I am a starting film maker. I have 2 movies with their own LLCs (one with a partner/the other as a single member - so the one we are two managers/the single member, I am the only manager) - both films will add investors as members, but I need to file as a signatory, and purchase insurance. My... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 10, 2019

This is really more of a tax issue than a legal one. Thus, consult an accountant. That being said, I think the LLCs should be separate, and there should be no umbrella for both.

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Q: i have an s corp and i didnt pay myself a w2 in 2018? what do i do acn i pay myself a 1099?

if not how do i withhold all my taxes? and issue a w2?

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 22, 2019

If you didn't pay wages you can't issue a W-2.

A 1099 does not solve the problem and creates self-employment tax.

Make an estimated tax payment on IRS.gov or EFTPS.gov.

1 Answer | Asked in Business Formation, Business Law and Tax Law for New York on
Q: i am a real estate agent and i have an s corp can i pay myself a 1099 or do i have to pay myself a w2?
Michael David Siegel
Michael David Siegel answered on Feb 21, 2019

As the year is over, it is too late for a wage payment as you did not withhold taxes. Therefore, issue a 1099. The tax issue is the same, as you will pay self employment tax on the 1099 income.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.