Tag: Business Law

Dissolving a Limited Liability Company in New York

dissolving a limited liabilityA Limited Liability Company (LLC) is one of the many business entities that one can form in New York. An LLC is defined as a company that combines elements of a partnership, sole proprietorship, and a corporation. In this type of business structure, the owners, or members, are generally not personally liable for the LLC’s losses and lawsuits.

Operating an LLC may not always go as planned. If you no longer wish to operate your business under the LLC, you may dissolve it. However, it is necessary to properly and officially dissolve the LLC in the State of New York. Failure to properly dissolve the business entity can lead to legal complications and monetary penalties.
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Why Incorporate?

why incorporateEven though corporations are an omnipresent part of day-to-day life in the modern world, many people don’t know what a corporation is, or why someone would want to incorporate their business in the first place.

A corporation put simply, is a legal entity that exists independently of the people who own and run it. Due to what is known as “the legal fiction of corporate personhood,” corporations are treated as legal “persons” for a variety of purposes, most significantly for the purposes of legal and financial liability. In other words, when a business loses money or gets sued, it would normally be the business’ owner or owners that are held responsible for paying off the business’ debts or paying for any legal judgments. However, when a business is incorporated, those losses and judgments are generally incurred by the corporation, not the owners, and so the owners generally aren’t held responsible if the company can’t pay for everything and goes bankrupt.
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What to Consider in a Non-Disclosure Agreement

non-disclosure agreement lawyer Long IslandNo matter what type of business one may have, protecting the business’ confidential information is crucial. Whether it be during the initial startup, bringing in investors, or in conducting other commercial matters, there are many ways a business’ confidential information can be exposed. One way to limit the release of confidential information is through the use of a non-disclosure agreement (NDA). A good practice for any business is to have each individual sign a non-disclosure agreement before speaking about a possible business relationship.  Such an agreement will help prevent them from disclosing or using your information while also allowing you to speak openly with them. Continue reading “What to Consider in a Non-Disclosure Agreement”

Supreme Court Rules in Favor of Business in Same-Sex Wedding Cake Matter

Garden City business lawyerOn June 4, the U.S. Supreme Court ruled in favor of a Colorado baker who invoked his religious rights and refused to make a wedding cake for a same-sex couple in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The ruling was 7-2. However, the court’s decision did not resolve the larger issue of whether or not business owners can refuse service to lesbian, gay, bisexual, and transgender (LGBT) individuals based on religious beliefs alone. Continue reading “Supreme Court Rules in Favor of Business in Same-Sex Wedding Cake Matter”

What You Should Know Before Hiring an Intern

Long Island business lawyerWhether or not an intern is paid is usually a deciding factor in considering hiring one. While many internships are not paid, labor laws usually allow the intern to work for college credit. However, there are restrictions to this exception. An internship must abide by specific criteria in order to be exempt from the Minimum Wage Act and Orders, which outlines New York’s laws regarding pay and overtime. In order to be exempt from this law, an intern cannot be considered an employee and an employment relationship cannot exist between the for-profit business and the intern. It can be determined that an employment relationship does not exist if the relationship meets all of the following criteria: Continue reading “What You Should Know Before Hiring an Intern”

Proposed New York City Legislation Seeks to End Requirement of After-Hours Work Communications

New York business lawyerDo employees have the right to disconnect? Rafael Espinal, a New York City council member from Brooklyn, thinks so. On March 22, 2018, Councilman Espinal introduced a bill that would make it illegal for employers to require employees to access work-related communications when they are off duty, on vacation, using personal days, or off sick. These communications can include, but not limited to, emails, text messages, and instant messenger services. Continue reading “Proposed New York City Legislation Seeks to End Requirement of After-Hours Work Communications”

New Tax Law Cracks Down on Entertainment Expenses for Businesses

Newsmax FinanceGarden City business lawyer reported on a little-known item in the new tax law that will do away with special interest tax breaks and loopholes, among them the elimination of a company’s ability to write off entertainment as part of its business expenses. Continue reading “New Tax Law Cracks Down on Entertainment Expenses for Businesses”

NYS May Impose Taxes on Pass-Through Businesses

Long Island business lawyerThe New York State Department of Taxation issued a report for the governor’s office detailing options to raise revenues for the state. One of the options the agency suggested was to impose taxes on “pass-through” businesses.

 

A “pass-through business” is a company in which income is generated through profits from a partnership. Under the new federal tax law, state and local deductions are limited to $10,000, but any taxes paid in operating a company at the entity level continues to be considered as a business expense, and, as such, can be written off. According to the Brookings Institution, approximately 95% of U.S. businesses are “pass-throughs.” Continue reading “NYS May Impose Taxes on Pass-Through Businesses”

The Religious Rights of Business Owners and the Right to Refuse Service

Garden City business lawyerIn the past few years, the Supreme Court has had to make a number of decisions regarding the rights of businesses to accept and reject certain transactions and whether to provide certain benefits. In the 2014 case of Burwell v. Hobby Lobby Stores, Inc., the Court decided that laws that contradict or interfere with a business’ right to exercise religious freedom may be unconstitutional and impermissible. In that case, President Obama’s healthcare plan required that certain businesses provide healthcare coverage to their employees, which included the requirement to provide coverage for female contraception. Continue reading “The Religious Rights of Business Owners and the Right to Refuse Service”

Compliance Is Key to Running a Successful Business in New York City

New York City business compliance lawyerA New York City hospitality owner should always remain compliant with both state and city regulations, otherwise he or she will be subject to hefty fines and penalties. In New York City, bars, restaurants, and nightclubs are the most likely to be subject to noise, food, or health code violations by agencies such as the Department of Health, Department of Buildings, FDNY, NYPD, NYS Liquor Authority, or even the Federal Alcohol Tobacco and Firearms Agency (ATF). Continue reading “Compliance Is Key to Running a Successful Business in New York City”

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