New York Business Law Questions & Answers

Q: I have a pricing agreement with Buyer. Customer A(of Buyer) asked us if we can sell to them directly? Can we?

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Dec 13, 2017

Ref your question. From the contents of your question, there appears that you only have a Pricing Agreement with Buyer X that does not prohibit you to sell to any other buyer other than X. That very agreement binds you to the extent of its contents only i.e. pricing. That means you are free to sell directly or indirectly to any buyer.
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Q: Can two sole proprietors (not married) operate under a single Certificate of Assumed Name without becoming partners?

1 Answer | Asked in Business Law for New York on
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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Q: i want to use my name as my website for my music. someone else owns it but not using it. i reached out to them, but...

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property for New York on
Answered on Dec 2, 2017

You can usually almost always use your name if it is your own name.
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Q: If I purchase another member's interest in an LLC, does that mean I own proportionally the LLC's assets?

2 Answers | Asked in Estate Planning, Real Estate Law and Business Law for New York on
Answered on Nov 28, 2017

What does the LLC agreement state? Or you have no LLC agreement?

I think before purchase you should get a consultation with attorney and focus on BASIS (value of property at the time your mom purchased it) to avoid capital gains taxes at sale.

Your question is not really real estate it's #NYcorporatelaw and #nyestateplanning

Feel free to call

Inna Fershteyn

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

1517 Voorhies Ave, Suite 400...
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Q: How can a General Partnership be dissolved in NYS with an rogue member?

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Nov 28, 2017

File a final tax return with zero income. Mark it as final. Do a NYS return as well. That is it.
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Q: New york State certificate of assumed name.

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Nov 28, 2017

Pick one county where you will actually be located.
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Q: New york state Principal place of business in state documents?

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Nov 28, 2017
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Q: Q 1) is 5% a reasonable fee for me to charge? or am I asking for too much? Q 2) how do I remove my name from the biz?

1 Answer | Asked in Business Law for New York on
Answered on Nov 20, 2017

You have huge potential liabilities for this arrangement under the Labor Law, Liquor Law, and other statutes. Honestly, there is no amount of payment that would compensate for the risks you are taking. How are taxes paid? Is payroll up to date? These issues come with huge fines, penalties, and sometimes even criminal penalties. To have no control or information about the business is crazy.
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Q: I am the director of a UK Limited company. Under a previous work contract for that company before I moved to the US,

2 Answers | Asked in Business Formation, Business Law and Employment Law for New York on
Answered on Nov 16, 2017

This is a tax question, not a legal one. If you file American tax returns, and there is income, it is supposed to be disclosed on the form. If the stock has no income, there is no declaration. I believe immigration paperwork, if you are looking for citizenship, also requires disclosure.
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Q: A company is threatening legal action/collections over a remaining balance we were late on paying.

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Nov 15, 2017

How can they cash a post-dated check? It depends on the agreement but it sounds like you may be in default.
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Q: Somebody wants to take my mom to court for something she didn't do. Help ?

1 Answer | Asked in Consumer Law and Business Law for New York on
Answered on Nov 7, 2017

How much is involved? Anyone can sue anyone if they pay the fee, but I do not see a case here.
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Q: I own a Food business can I use my aunts( she has passed) name to brand an item - with out any issues?

1 Answer | Asked in Business Law for New York on
Answered on Nov 6, 2017

You should be able to use your aunt's name, unless barred by some other principle of law, such as trademark infringement.
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Q: Can a bank be held reliable for stopping a business from doing business and losing money?

1 Answer | Asked in Banking and Business Law for New York on
Answered on Nov 6, 2017

No, unless the bank officer intended to harm you and you can prove it.
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Q: Is computer code a language protected by the first amendment?

1 Answer | Asked in Business Law and Constitutional Law for New York on
Answered on Oct 30, 2017

I'm unaware of any case that says it's not afforded the protections...
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Q: I am looking to sell my friend half of the shares of my new S corporation. What paperwork do I need to fill out?

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Oct 24, 2017

You asked another question on this forum, you want a stock purchase agreement.
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Q: My friend has an S Corp that has 0 earning. He wants to sell me half of the shares. Do we need a contract drawn up?

4 Answers | Asked in Business Law and Contracts for New York on
Answered on Oct 23, 2017

What's the purchase price? "0". What about liabilities is he taken them over too?

You need a consultation with Corproate attorney before you proceed. May not need a contract but definitely need to understand what you are doing

Sincerely,

Inna Fershteyn

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

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com
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Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

1 Answer | Asked in Business Law and Small Claims for New York on
Answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.
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Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

1 Answer | Asked in Business Law, Education Law and Tax Law for New York on
Answered on Oct 19, 2017

It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit,...
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Q: Dealer hired contractor collides with new vehicle while in for issue caused by contractor hired by dealer.

1 Answer | Asked in Business Law, Car Accidents and Civil Litigation for New York on
Answered on Oct 15, 2017

Vicariously both are responsible and responsibility has to be fixed by a competent body in order to make compensation for damages to the owner of vehicle. For specific advice give details.
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Q: Is it illegal to call companies and ask for compensation and then do it again after recieving compensation

1 Answer | Asked in Business Law for New York on
Answered on Oct 15, 2017

It's a vague question and do not elaborate what you actually want to know. Please elaborate for specific advice. However, getting repeated compensation for a cause on one reason or the other is an extortion which is an offence.
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