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New York Business Formation Questions & Answers
2 Answers | Asked in Banking, Business Formation, Business Law and Identity Theft for New York on
Q: About "Power of Attorny" and "Legal Representative Agreement"

We're not partners, he owns a retail business and I'll be managing his business on amazon and further on online as part of a service our company provides. I'll also have to sign his checks and be on top of everything. Can someone please tell me the specific form I need?

Michael David Siegel
Michael David Siegel
answered on Jun 30, 2017

You need an employment agreement. There is no "form".

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3 Answers | Asked in Banking, Business Formation, Business Law and Identity Theft for New York on
Q: What exact form do I need to have to give my power to someone to manage my business and bank account, signing checks etc
Donovan A Rodriques
Donovan A Rodriques
answered on Jun 30, 2017

Your options may depend on your type of business entity and shareholder/member agreements currently in place. In general, you will need a power of attorney. Preferably, you may appoint the individual as a manager of the business, with all powers necessary to conduct the operations and business... View More

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3 Answers | Asked in Tax Law, Business Formation and Business Law for New York on
Q: Can I start an online buisness and sell fidgets(which are toys) before registering to anything just to test the market

Just want to test the market before I register as a sole proprietorship once I make enough money, will I be able to do that

Barry E. Janay
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answered on Jun 21, 2017

Yes, just check with the dept. of taxation regarding whether you have to charge sales tax or not if you are just selling online.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for New York on
Q: Im thinking of starting a private autocross car club on a private farm in Long Islnd. what zoning rules must i adhere to

currently the area is an active farm. thinking of purchasing and 'converting' to a private 'paved lot' and hosting autocorss car events. not clear what zoning rules i must adhere to or what local licensing there may be (if any). this is NOT a drag-strip.

Barry E. Janay
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answered on Jun 8, 2017

It's a special use, local AND state rules will apply.

1 Answer | Asked in Business Formation for New York on
Q: How can i go about registering a business SoFreshSoFly entertainment
Michael David Siegel
Michael David Siegel
answered on May 15, 2017

I do not understand the term "registering". You mean form a corporation, license a business or trademark a name?

2 Answers | Asked in Bankruptcy, Contracts, Business Formation and Business Law for New York on
Q: Terms of payment of the corporation's claim

What are terms of fines payments for corporations?

For example: Court says: Corporation X must pay 100 millions to Corporation Y as fine.

What are terms of payment for Corporation X? Will corporation Y get full amount? How will it pay: 100 mln at once or piece by piece? Is there any... View More

Stuart Nachbar
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Stuart Nachbar
answered on May 5, 2017

I am not sure what you are trying to ask

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: I started an LLC 4 years ago and never did anything with it. How do I change the name of that LLC
Michael David Siegel
Michael David Siegel
answered on May 3, 2017

There is a name change form you can file with the secretary state. There is a small fee.

2 Answers | Asked in Business Formation for New York on
Q: If my broker is located in a different state than I am and I want to sue him, which state should I file in?
Michael David Siegel
Michael David Siegel
answered on Apr 22, 2017

It is easier to sue someone in their state. Then the collection of the judgment is quicker. It also avoids motion practice over jurisdiction. However, depending upon the facts, you might be able to sue where you are.

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3 Answers | Asked in Business Formation and Business Law for New York on
Q: I am interested in operating a group family daycare. I need help getting started.
Michael David Siegel
Michael David Siegel
answered on Apr 20, 2017

You need a license from the NYS dept. Of education. Call them for the forms.

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2 Answers | Asked in Business Formation and Intellectual Property for New York on
Q: Is it ok if a similar business that is upstate (I'm in NYC) has the same name with an added "s"?

1. We are both in the same industry.

2 I checked on the department of state registry before setting up and didn't find anything. Only now noticing this business when developing website and searched my name on google and the other business comes up, (seems to have been around already... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 19, 2017

You may want to use a different name to avoid confusion and any IP infringement claims.

See: http://www.aeesq.com/business-law/general-counsel/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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3 Answers | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: How can I start a side-business in the USA while I'm here on an E-3 visa working for someone else?

I'm here working for a company on an E-3 visa. I have a friend who's a US citizen that I'd like to start a side-business with (an e-commerce store, to be specific). How can I do this? If I have a company in Australia, and that company is the investing entity in the commerce store,... View More

V. Jonas Urba
V. Jonas Urba
answered on Apr 9, 2017

An immigration lawyer needs to review and or answer your question.

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2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for New York on
Q: I have a trademark question, regarding legality around opening a new business and whether it infringes on another?

Suppose I want to open a new hair salon service with the business name 'American Haircut Club' but another company doing a similar service is operating in the same state as me with the name 'Haircut Club'. Does the fact that my name is a little different since it has the word... View More

Michael David Siegel
Michael David Siegel
answered on Apr 6, 2017

The standard is whether there would be confusion about which company is which. Does not sound like an issue here.

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2 Answers | Asked in Business Formation for New York on
Q: Does each owner of a business need to have their name on the initial formation docs or can they be added on later?
Michael David Siegel
Michael David Siegel
answered on Mar 23, 2017

People can be added later, but without any stock or evidence of ownership, what do you have?

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1 Answer | Asked in Bankruptcy, Business Formation and Business Law for New York on
Q: If one files for personal Ch 7 bankruptcy, do the past capital contributions to an LLC or S Corp get affected?

If one files for personal Ch 7 bankruptcy, do the past capital contributions to an LLC or S Corp get affected? Capital Accts? Owner's equity, etc?

I'm aware their units or shares may be affected. But I'm curious if capital accounts or owner's equity is an asset they... View More

Michael David Siegel
Michael David Siegel
answered on Mar 2, 2017

The short answer is it depends if it is real capital or an entry on a balance sheet. But, it can be affected, and when closely held business is involved a personal chapter 7 needs to be documented carefully.

2 Answers | Asked in Business Formation, Contracts, Employment Law and Business Law for New York on
Q: Partner quit project, agres 2 termination agrement, transfering profit share & rights without compensation. Enforceable?

I have been working on a project with my business partner. We got a lot of work done but, suddenly and voluntarily, he quit the project.

He gave me all the work/materials and told me that he didn't want any credit nor monetary compensation.

We signed a 2 page agreement,... View More

Barry E. Janay
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answered on Feb 22, 2017

A termination agreement should suffice, just make sure it's thorough and that his waivers are knowing and voluntary. Best to have a decent lawyer review it, just so happens I am a decent lawyer :)

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1 Answer | Asked in Business Formation and Business Law for New York on
Q: What licenses and permits do I need in order to form a simple subscription box business?

I'm launching a subscription box business that will likely be organized as a Delaware LLC. I live in New York, and that's where the company will be based.

In order to plan for costs and pricing, I've been researching wholesale prices online - many of which are hidden. We... View More

Barry E. Janay
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answered on Feb 8, 2017

While you can get those things before you form an LLC it would be a more difficult task to later change those things into the name of the LLC (almost double the work) so forming the entity first would be my advice.

1 Answer | Asked in Animal / Dog Law and Business Formation for New York on
Q: I live in New York State and want to breed and sell reptiles online and from home what permits/licenses do I need?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

See: http://www.dec.ny.gov/permits/28633.html

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in...
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1 Answer | Asked in Business Law, Collections and Business Formation for New York on
Q: 2) Can someone find out my home address with my EIN or LLC? Should I change my LLC?

Someone invested in my inventory at a wholesale price with the expectation that they would be paid back with profit. Unfortunately, shortly after they invested the money this product wasn't selling online like when the opportunity presented itself and I was stuck with 4000 units of this... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Lawyers cannot provide predictions. Your address may be public record or easy to find with some investigation. The strength and weakness of your case depends on an analysis of all the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Business Formation for New York on
Q: For licensed physician's practice in New York, is it required to form either PC or PLLC? Can I just form inc or LLC?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

It depends on your business needs and whether you have partners, employees, or other special factors. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Real Estate Law and Business Formation for New York on
Q: Hi, I was recently told that I can't form an LLC with a person who is not a real estate broker. I am a RE broker.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

It depends on the kind of business you want to create. If you are trying to form a NY real estate brokerage and you wanted to form a partnership with someone else, you would have to have a licensed real estate broker as a business partner. To be a real estate broker in NY, you have to be licensed.... View More

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