NY S Corporations v. LLCs

NY S Corporations v. LLCs

Many small business owners end up deciding between a New York S corporation and a New York limited liability company (LLC) when choosing a formal legal structure for their New York business. Both entities offer limited liability and a startup friendly tax treatment. But which entity is right for your small business? The following are … Read More

Publication Requirement

It is not too late to bring your New York LLC into good standing.  Getting it done for you – $200 Email me for more info or to order:  info(at)ratschko(dot)com I prefer Google Checkout.

“Terms and Conditions” may work for your Business

If you are in a line of business where you repeatedly have to enter into agreements with your customers and the basic terms of those agreements rarely change, you may want to consider the adoption of "General Terms and Conditions." Rather than having every contract spell out all terms and conditions, your individual contracts with … Read More

How to use Special Terms in your LLC’s Name

As you may know, there are naming rules (Section 204 NY limited liability company law) when it comes to choosing a name for your LLC.  Most  names are o.k. if not already taken by somebody else, but some terms are tricky and require special dispensation. For example, try filing articles of organization for this LLC:  … Read More

In court, an LLC needs an Attorney

Tom Swartz of New York Legal Update alerted me to this recent development in LLC law:  A New York court has decided that a  New York LLC needs to be represented by an attorney in court.  See his post on the topic and for case information.  Pursuant to CPLR 321(a), "a party, other than one … Read More

Terms of Use: Do they have to be Fair?

Who knows what fair is, anyway.  But, under certain circumstances, your terms of use cannot be completely unconscionable. When drafting terms of use for your Website, you are probably inclined to make them as favorable to you as possible, thinking it is a "take it or leave it" proposition.  If visitors don’t like your terms … Read More

Pimp Your Site (with Legalese): Part 1 – Terms of Use

Having a web business does not save you from the normal perils of having a brick and mortar business, such as being sued, robbed or getting caught in not complying with the law.  In many ways it is more dangerous than having a real life location.  You expose your business to millions of users, many … Read More