Imke Ratschko

Imke Ratschko is a New York Attorney helping small businesses, business owners and entrepreneurs with all things "Small Business Law," such as litigation, contracts, business owner disputes, shareholder and operating agreements, sale or purchase of a business, investors, and starting a business. You can reach her at 212.253.1027 or by email.

NY Assumed Name Certificates – Know Your “Doing Business As” Responsibilities

Doing Business As

D.B.A. or “Doing Business As” is not only a cool bar in the East Village, it also refers to individuals (sole proprietorships), partnerships, corporations and other entities that do  business under a name different from their real name.  For example, Joe Smith operates a computer service business under the name “Computer Geeks to the Rescue,” (fictional example) and Town Sports International, LLC operates a popular gym under the name “New York Sports Club” (real life example.)

If you are starting a business, but don’t want to form a legal entity yet (corporation or LLC), a business certificate gives you the ability to call your business something other than your personal name.

When you do business under a name different from your real name, you have to file a business certificate either with the county clerk of your county or with the Secretary of State in Albany.     Here are the rules:

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Reviewing Agreements 101

Get it in Writing You’ve heard it before:  Get it in writing. No exceptions.  All terms should be expressly stated in the agreement, in detail.  While oral agreements are in many cases valid and enforceable, it is better to have it in writing.  You must have it in writing if the subject matter of the … Read More

failure to publish LLC

What happens if I don’t file newspaper ads for my LLC?

As many of you undoubtedly know, after filing for a New York LLC, you have to fulfill the expensive and wholly unnecessary publication requirement. This means you have to arrange for a notice of the formation in two New York newspapers for six weeks each.  People have tried fighting this requirement in court and lost.  … Read More

Pleading Fraud with Specificity

According to New York Civil Practice Law and Rules section 3016(b), in a fraud cause of action in a complaint, “the circumstances constituting the wrong shall be stated in detail”.  Contrast this with the standard for a libel or slander pleading in 3016(a): ” the particular words complained of shall be set forth in the … Read More

Frozen Bank Accounts and Restraining Notices

An unpleasant but common experience: an old judgment against you comes back to haunt you. Possibly you didn’t even know it existed: the complaint may have been served in the wrong place and you never got a copy, or the opposing party may even have filed a false affidavit claiming you were served (known as … Read More

LLC v. S-corp

The first question for every small business owner who decided to form an entity?  LLC or S corp?  Which one is better for me? Let’s face it, most people would chose the entity that leaves more money in their pocket.  So let’s compare the tax costs and startup costs of these two entities.  This assumes that the … Read More

Selling a Business – Getting your Business ready for Sale

You’ve got homework to do before you can successfully sell your small business.  Even if you already have an interested buyer, attention to the details at this stage of the game will help you in the long run and protect you from unexpected snafus.  Your small business lawyer should be able to help you with … Read More