Lawyers, Answer Questions  & Get Points Log In
New York Business Formation Questions & Answers
1 Answer | Asked in Business Formation for New York on
Q: Do I have control over employment hiring if I become a franchisee?
Michael David Siegel
Michael David Siegel answered on Nov 18, 2018

Depends on your agreement.

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for New York on
Q: gave my CC info to a gym&I did not sign a contract I tried to back out but they required me to go in person.

They keep charging me even after I replaced my card

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

Do a chargeback on the credit card.

1 Answer | Asked in Business Formation for New York on
Q: Do all businesses need to create a board of directors? If so, when should that happen?
Michael David Siegel
Michael David Siegel answered on Aug 30, 2018

Businesses do not need a board of directors.

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... Read more »

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.

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... Read 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... Read more »

View More Answers

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 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 and... Read 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: 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 page)... Read 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 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... Read 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... Read 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 Law and Business Formation for New York on
Q: I'm considering opening a small business in Albany. Am I required to appoint a board of directors or can I just manage

it myself?

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

It depends on how the business is structured when it is set up, but it is possible to set up a business entity where you are the sole manager without a board of directors.

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 be... Read 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.

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.