New York Limited Liability Companies FAQ

What is a New York Limited Liability Company (“LLC”)? Who can form an LLC?  How do I form an LLC? How much does it cost to form an LLC? What ongoing requirements are there for maintaining an LLC? How does an LLC pay taxes?  Is an LLC a good choice for my new business? Read … Read More

How to deal with LLC Member Disagreements

How to deal with LLC Member Disagreements

How can you deal with disagreements between LLC members?  Short Answer: you prepare for this scenario in the operating agreement and provide sensible solutions for any disagreement. The long answer: Pick the rights business partners Just like in marriage, it usually does not work out for the long run if you act hastily and pick … Read More

Sole Proprietorship or Single Member LLC?

When you are a one-person business, i.e. you are to be the only owner of your business, the question invariably arises:  Should I remain a sole proprietorship or form a single-member LLC? You are a sole proprietorship, as soon as you begin doing business.  There is no filing, no certificate, not even an EIN is … Read More

Taking Care of the LLC Publication Requirement

How to take care of your LLC publication Setting up a limited liability company in New York requires you to jump through one additional hoop: Publication of a notice of the LLC formation in two newspapers (See Section 206 of the Limited Liability Company Law for exact legal requirements).  Unfortunately, this adds up to $1300 … Read More

Legal Mistakes to Avoid in Business Agreements

What goes into an Operating Agreement

An operating agreement is the document that sets forth the rights and obligations of the members of a Limited Liability Company.  Section 417 of the New York Limited Liability Company Law provides that “the members of a limited liability company shall adopt a written operating agreement that contains any provisions not inconsistent with law or … Read More

should I sue my business partner

Should I sue my Business Partner?

You are fuming right now about what your business partner is doing to you and/or the business and you are wondering if you should sue your business partner. Before pulling the trigger, understand what lies ahead: Is there a way to negotiate yourself out of this? Going to court should always be the last resort. … 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