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 LLC Operating Agreements: Confidentiality Obligations of Members

Several recent court cases remind us to include confidentiality obligations into each LLC Operating Agreement (see legalese commentary here and here).   You see, under New York law, executive LLC members, i.e. managers, have a duty to keep the Company's valuable secrets secret.  Other members, however, are not necessarily bound to keep their mouth shut. … Read More

New York LLC Operating Agreements: Funding the Company

Another important part of an LLC Operating Agreement deals with the “capital” that comes into the LLC and with the corresponding percentage ownership rights of the individuals or entities providing such capital.   Capital typically comes in upon formation of the LLC (initial capital contributions by the members) or over the course of the life of the … Read More

Starting a Nonprofit Organization in New York

Nonprofits are businesses that made it their mission to give away all of their profits to a particular cause, rather than enrich the owners of the business.  Starting a nonprofit organization is in many ways like starting any other small business in New York.  But there are additional steps required in order to get the … Read More

Saving Money on the LLC Publication in New York City

I guess there are two ways how you could save on that unfortunate LLC publication requirement in New York, which will easily set you back $700-1000 in New York City.  (If you don’t know what that is, look at “Taking Care of the LLC Publication Requirement“.) 1. You could just not do it; do I … Read More

New York LLC Operating Agreements: Management Provisions

An Operating Agreement is a key document for a New York Limited Liability Company that has more than one owner (the owners are "Members" in LLC terminology). If a Company was like a marriage, the Operating Agreement would be like a prenup, parenting agreement and divorce settlement all in one.

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A List of Must Have Startup Agreements

Having all the right kind of contracts in place at the beginning of a business venture manages expectations and prevents conflicts with your business partners, customers, vendors, landlords…you get the idea.

Thus, I present you with a list of the most commonly needed agreements for any business startup:

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DIY Incorporation Kits by Stephen L. Nelson

I am a big believer in bootstrapping and DIY, especially when it comes to starting a business. One, you don't have much money to waste, and two, knowledge is power.  Thus, before you pay some incorporation service to essentially operate a fax machine for you, you may as well do it yourself all the way … Read More