The following is a list of the basic business agreements that we advise prior to operating a New York business. This list is not intended to be exhaustive and some types of NY companies require specialized business agreements that are unique to the specific industry. Basic New York Corporate Agreements
Continue readingNew York S Corp vs. LLC Basics: Choosing your Corporate Entity in New York
Many of our New York law firm clients considering establishing a business entity in New York, often, are conflicted whether they should choose to establish a New York S Corporation (“S Corp”) or a New York limited liability company (“LLC”). Choosing whether to establish as a New York S Corporation
Continue readingNew York Partnership & Joint Venture Due Diligence Checklist
We, regretfully, see too many New York, New Jersey and Connecticut companies entering into business relationships with foreign nationals & corporations with little foresight. Often cultural and divergent business ethics leads to immediate issues. The following Merger & Acquisition Due Diligence Checklist is intended as a guide to vetting a prospective
Continue readingBeating Summary Judgment in a New York Court: NY Litigation Basics
Here is a perfect example of how a skilled and proactive New York attorney can use proactive strategy to resolve a dispute in a New York court. When you have more than one potential defendants, you can pit one against the other to maximize your position and prevail in a
Continue readingWelcome To The New York Law Blog!
Welcome to The New York Law Blog, brought to you by the attorneys, staff and other professionals at Hayes & Simon, P.C. This site will be the home for blogs containing first-hand legal experience, analysis of legal news and current events in the practice of law in New York and
Continue readingProtect your NY Business From Fraud
It’s no secret that small businesses have a higher fraud rate of employees being prosecuted for fraud and being the victim of fraud than larger companies and non-business owners. That is because they are the most susceptible to attacks due to their failure to take time to implement measures and
Continue readingWorkers Who Fall From Elevation Mean “Absolute” Liability For Owners And Contractors
New York property owners and contractors employing laborers working at elevation must make sure the workers are given proper protection or be subjected to “absolute” liability should the worst happen. We had a client who was a New York apprentice laborer working on the construction site of a charter school.
Continue readingNew York Small Business Taxes
Here are the basics of New York Business Taxes applicable to small businesses doing business in New York. Please New York sole proprietorships do not pay any corporation franchise taxes or filing fees. The sole proprietor shall, only, pay state and federal personal income tax individually. New York partnerships are
Continue readingOngoing Investigation in New York into the NY’s P2P Lending Industry
New York is investigating whether peer-to-peer lenders are required to be licensed to operate in the state of New York. Peer-to-peer lending, sometimes abbreviated P2P lending, is the practice of lending money to individuals or businesses through online services that match lenders directly with borrowers. Since these peer-to-peer lending companies
Continue readingProving Civil Fraud In NY
Fraud comes in different forms in New York, which recognizes both common law fraud and statutory fraudulent behavior. In business, as in life, people are not always as reputable and they appear. Unfortunately, there are less than scrupulous business actors who will resort to fraudulent misrepresentations to gain what you have
Continue readingRegistering Your Foreign Business in New York
If you own a business that was created outside of New York, then you need to register it if you want to do business in New York. For our purposes, a “foreign” business is any business created outside of New York. That also includes businesses created in another state and
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