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New York Business Law Questions & Answers
1 Answer | Asked in Contracts, Business Formation and Business Law for New York on
Q: i want to connect wholesalers to retailers in exchange for commission

I am trying to connect a wholesaler who sells products to a retailer who will resell that product online and I would receive Commission on the the profit that each of them make that each of them makev Do I need a special license for that and where would I find more information on the laws about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

Unless you are selling highly regulated products such as chemicals or pharmaceuticals I don’t see that you would need any special license. What you need is a strong contract drafted by an experienced attorney to ensure your commission, along with a business strategy to prevent the wholesalers and... View More

1 Answer | Asked in Banking, Business Law and Internet Law for New York on
Q: Stripe hold my money for 18 months already on my social media agency account and I need help releasing the money

About 5000$ in hold

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

I would need to review with you the documents on your account dashboard for the reason for the hold. Depending on what my investigation uncovers we may issue a legal demand letter to the Stripe legal department.

4 Answers | Asked in Business Law for New York on
Q: Can a corporation denies shareholders to examine books?

A medical group with doctors as owners (PC). I am a recent shareholder, upon asking to examine the books I was denied that, stating that only managing members are allowed to see the books. The company doesn’t make distributions so I wanted to know what happens to the profits. Is that legit? What... View More

David H. Relkin
David H. Relkin
answered on Oct 11, 2022

Even in the absence of the by-laws or a shareholder agreement, which I assume you have already reviewed, the New York Business Corporation Law provides for a shareholder's right to inspect the books and records of a corporation. BCL 624 provides that any shareholder of record of a corporation... View More

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1 Answer | Asked in Business Law for New York on
Q: I booked an event space, host called stating she double booked, she ghosted me, do I have a case?

This was a craft fair open to the public. I haven't paid yet as she stated as long as I paid within two weeks of the event which hasn't passed yet. I've already collected vendor fees, did paid advertisement and put in the work to organize everything. If I cancel, I will have to... View More

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2022

I do not know what "booked" means to you. If you have a written contract, you can enforce it. If you have a promise on the phone, then you have nothing.

1 Answer | Asked in Business Law, Contracts and Mergers & Acquisitions for New York on
Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?

If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the... View More

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Depending on the language of the NDA, yes. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Business Law for New York on
Q: Can a majority owner bring a derivative suit against its own company?

I know minority owners can but I don't know if majority ones can.

Michael David Siegel
Michael David Siegel
answered on Sep 16, 2022

Yes, if the bylaws say that a majority is insufficient to authorize suit.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Majority shareholder sues minor shareholder and the company- can minor shareholder accept service on behalf of company?

Plaintiff owns 75% of Company A. Defendant owns 15% of Company A. (So a third party owns the remaining 10%.) Plaintiff sues both Defendant AND Company A. The lawsuit seeks to dissolve Company A.

Two questions:

Defendant can obviously accept service on behalf of themselves, but... View More

Michael David Siegel
Michael David Siegel
answered on Sep 9, 2022

A shareholder, just by being a shareholder, cannot accept service. Service must be on an officer or director, or the registered agent. A minority shareholder can fight the dissolution, or demand a buyout based on the value of the corporation as determined by a court. The procedure is in the... View More

1 Answer | Asked in Contracts and Business Law for New York on
Q: What's the law that include right-of-action related to corporate governance agreements?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 4, 2022

In the State of New York business owners, shareholders, members LLC, may file lawsuits related to breach of contract controversies in state court. For purposes of these controversies the applicable law is the New York General Business Law as well as the specific rule applicable to fiduciaries... View More

1 Answer | Asked in Business Law and Employment Law for New York on
Q: If my employer lists a separate fee to clients for a special service by me above and beyond the normal contract cost.

Can he then pay me less than they think they are paying me? Is this fraudulent billing?

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2022

The employment law attorneys here would have the best insight into this, but your question remains open for two weeks. However, as a general contract law matter, it isn't unusual for companies to impose a margin on what they pay employees or contractors - this is a basic business model. It... View More

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Can I request nonprofit bylaws from the IRS without the nonprofit being notified of the request?

I started working 3 years ago in a registered 501c3 (school) in New York. I am a school leader and requested to see a copy of the school bylaws so I could understand as much as possible about how the school works. I was told it was an inappropriate request. I have concerns about board governance... View More

Matthew Morris
Matthew Morris
answered on Aug 21, 2022

You can almost certainly get a copy directly (and anonymously) from the New York Attorney General's office website. Go to the AG's office's Charities Bureau online. (https://www.charitiesnys.com/home.html) Enter the name of the 501(c)(3) in the "Search Charities Registry"... View More

2 Answers | Asked in Business Law for New York on
Q: Can an LLC that is registered for doing music Conduct business that is non-music related?
Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2022

The short answer is: It depends!

I suggest you speak to a lawyer.

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2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More

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1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for New York on
Q: Could cryptocurrency sent to an insolvent company be recoverable under 546(c) of the bankruptcy code?

I sent cryptocurrency to Celsius within the prior 45 days before they filed bankruptcy. Could I possibly have reclamation rights under 546(c) of the bankruptcy code?

Uncertainties: is the cryptocurrency considered a good covered by this? Cryptocurrency sent to Celsius is essentially lent to... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2022

This would be a low priority claim and without significantly more information, there is no way to know. You need to retain an experienced bankruptcy attorney and provide a great deal of information. Good luck.

1 Answer | Asked in Consumer Law, Contracts and Business Law for New York on
Q: NY Gen Bus L Section 624(2) (2021) Does the 3 days begin running only once the buyer receives a copy of the contract

Hello, I am trying to properly interpret Section 624 - Rights of cancellation of contracts for services. If the buyer never received any form of a copy of the contract until requesting it two months after the start date, does the three business day period for a right to cancellation apply once the... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2022

I believe that you are best advised to speak to a lawyer because of the very fact-specific nature of your question.

1 Answer | Asked in Business Law for New York on
Q: May one single restroom be used by both male and females if marked as such in a public area in Florida?
Tim Akpinar
Tim Akpinar
answered on Jul 25, 2022

You're asking about Florida law. You would have better chances of a response if you posted this under Florida. Good luck

1 Answer | Asked in Business Law for New York on
Q: Can I ask questions regarding business issues

I want to know what would be the best route regarding necessary actions. A business was sold without paying every partner.

Jack Mevorach
Jack Mevorach
answered on Jun 25, 2022

Other than stating that every partner was not paid, you include no other facts. Try to avoid litigation. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Q: Can I create a NY LLC with an out of state LLC as the single member?

I own a single member LLC in Wyoming but now live in New York. I’d like to create a newer NY LLC subsidiary with the out of state LLC as the parent company. Is this allowed?

Michael David Siegel
Michael David Siegel
answered on Jun 2, 2022

Yes.

1 Answer | Asked in Business Law for New York on
Q: Need help in getting medicaid taxi license reinstated.

Has to be ny lawyer

Tim Akpinar
Tim Akpinar
answered on May 20, 2022

If you're trying to find a New York lawyer, it could be difficult for law firms here to reach out to you. This site isn't set up like an attorney referral service. However, there is the feature above, "Find-a-Lawyer," which lists attorneys by region. The NYS Bar Association also... View More

1 Answer | Asked in Business Law for New York on
Q: I have shares in a privately owned company that was just sold unbeknownst to any shareholders. What happens now?

What rights do I have?

Michael David Siegel
Michael David Siegel
answered on May 18, 2022

If the sale violated the shareholders agreement or bylaws you can sue the people who did the sale.

2 Answers | Asked in Estate Planning and Business Law for New York on
Q: S Corporation 4 equal share owners , if one of the owner die , how to keep his shares within Corporation

If one owner die , how to avoid outsider demands

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2022

There are several unknowns here and best to direct your question to an attorney, who can review the documents. In a nutshell, it all depends! It depends on the corporate structure, governing documents (and always but not likely primarily here on applicable laws). It is generally absolutely doable... View More

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